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 SEVENTIETH CONGRESS. SEss. I. CHs. 718, 719. 1928. and plan of said tract of land," so that said Act as amended shall read as follows "That the Secretary of War be, and he is hereby, authorized to purchase the tract of land adjoining the United States target range at Auburn, Maine, comprising eighty-four acres, more or less, the property of the heirs of John Barron, for the purpose of adding to said rifle range, and to purchase said property the Secretary of War is authorized to expend a sum not to exceed $3,000 and the sum or sums necessary to be expended for the investigation of title, and for the required survey and plan of said tract of land, from funds allotted to the State of Maine by the United States from the appro- priation `Arming, equipping, and training the National Guard,' for the fiscal year ending June 30, 1927 ." Approved, May 23, 1928 . CH A P . 71 9 .-An Act To authoriz e and direct the sur vey, construction, a nd maintenance of a memorial highway to connect Mount Vernon, in the State of Virginia, with the Arlingto n Memorial Bridge across the Potomac River at Washington . Be it enacted by the Senate and House o f Representatives o f the United States of America in Congress assembled, That the United State s Commission for the Celebr ation of the Two Hundredth Anni- versary of the Birth of George Washington (hereinafter referred to as the commission), created by Public Resolution Numbered 38, approved December 2, 1924, be, and the same is hereby, authorized and directed to take such steps as may be necessary to construct a suitable memorial highway to connect Mount Vernon, the home and burial place of George Washington, in the State of Virginia, with the south end of the Arlington Memorial Bridge, now being con- structed across the Potomac River at the city of Washington, Dis- trict of Columbia, acting through and by utilizing the services of the U nited States Department of Agriculture. SEC. 2. That the Secretary of Agriculture is hereby authorized and directed to cooperate with said commission in carrying out the pro- visions of this Act. He shall cause to be made such surveys as may be deemed necessary of the route, or routes, between the points named in section 1 hereof. The said commission shall determine the route on which said highway shall be constructed. The Secretary of Agri- culture shall cause to be prepared such plans, specifications, and es tima tes for the cons truc tion of said hig hway as may be n eces sary , which shall include provision for the planting of shade trees and shrubbery and for such other landscape treatment, parking, and ornamental structures as he may prescribe, such plans and specifica- tions to be subject to approval by the commission. He shall advertise for bids and ent er into contr acts for and s upervise the -work of const ructing said highway. SEC. 3. That the highway authorized to be constructed under the provisions of this Act shall have a right of way of such minimum width as the commission shall determine, and shall be constructed only of such durable type of surfacing as will adequately meet the present and probable future traffi c needs and c onditions ther eon. The Secretary of Agriculture is hereby authorized to occupy such lands belonging to the United States or to the District of Columbia as may be necessary for the location, construction, and maintenance of the highway authorized herein. SEC. 4 . That the S ecretary of A griculture is hereby author ized to acquire such lands as may be necessary for the proper location, construction, and maintenance of said highway, including parking, 721, Purchase of land ad. joining Army target range at, authorized . Investigation of title, and survey to be made. Fr om National Guard allotment to Maine. May 23, 1928. [S. 1369.1 [Public, No. 493.1 Mount Vernon Memori al Highway, Va. Commission directed to con struct, from Mount Vernon, Va . to Arlington Memorial Bridge across Potomac River. Vol .43,p.671. Under ser vic es of Agricu ltural Depar t- ment. Sec reta ry of Agr icul- ture to cause necessary surveys. Commiss ion to deter. mine route. Plans, specifications, and estimates to be pre- pared. Cont racts for co n- struction, etc. width of right of way, and surfacing type, required. Oc cupa tion of Gov- ernmen t and Distri ct lands, authorized. Acquiring necessary lands by purchase, con- demnation, gift. etc,

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 722 SEVENTIETH CONGRESS. SEss. I. CHs. 719, 720 . 1928 Acceptance of funds by purchase, condemnation, gift, grant, dedication, devise, or other- from States, etc. w ise, fro m an y so urce wha tsoe ver. The Secretary of Agriculture m ay accept funds from any State, county, or political subdivision of a Payment for acquired State, or from any individual or association, for the purpose of aid- lands. ing in carrying out the provisions of this Act. Such lands as may be acquired by purchase or condemnation may be paid for from funds authorized t o be appropria ted under thi s Act, or fro m funds that may be donate d for the purp ose of aiding in carrying out the ceedings in Virginia provisions V p ro- rovisions hereof. When ever i t beco mes n ecessa ry to acquir e by subject to laws thereof, condemnation roceedings any lands in the State of Virginia for the purpose ofp carrying out the provisions of this Act, such pro- Title requirements. ceedings shall conform to the laws of said State now in force in reference to Federal condemnation proceedings. No payment shall be made for any such lands until the title thereto in the United States shall be satisfactory to the Attorney General of the United States. Maintenance by Se c- SEC. 5. That after the construction of said high-way, the Secretary retary of Agriculture from annual appropria- of Agriculture shall cause the same to be properly maintained, and tionsherebyauthorized shall p ay the cost t hereof from fu nds to be app ropriated annu ally Traffic regulations to for that purpose, which appropriations are hereby authorized to be be issued. made. The Secretary of Agriculture shall have control over the vehicul ar and „p edestr ian mo vement on a nd ove r the highw ay con - structed hereunder and may issue rules and regulations to govern Proviso. such traffic and all uses of said highway, including limitations on the Concurrent iurisdic- size, kind, weight, and speed of vehicles : Provided, That nothing tio n of Vir ginia not herein shall be so construed as to conflict or interfere with the con- inte rfere d wi th. current jurisdiction of the State of Virginia reserved by the laws of said State now in force over property acquired therein by the United States, or with chapter 494 of the Acts of the General Assembly of Virginia, approved March 25, 1926, authorizing cooper- ation on the part of the State and interested subdivisions thereof in the construction of the highway herein provided for. ti Ana thorizedpropna- SEC. 6. That for the purpose of carrying out the provisions of this Post, pp. 895, 1221. Act, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the following sums, or so much thereo f as may be neces sary, to be avail able u ntil expended : The sum of $500,000 for the fiscal year ending June 30, 1928 ; the sum of $2,000,000 for the fiscal year ending June 30, 1929 ; the sum of $1,000,000 for the fiscal year ending June 30, 1930 ; the sum of $1,000,000 for the fiscal year ending June 30, 1931 . Employment of as- SEC. 7. That out of the appropriations made under this Act, or authorized. etc ., Acts amendator y thereof or supplemental thereto, the S ecretary of Agriculture is authorized to employ such assistants, engineers, clerks, and other persons, in the city of Washington and elsewhere, to pay the salaries of like persons regularly employed by the Gov- ernment whose services may be utilized hereunder and to incur such travel and other expenses as he may deem necessary for carrying out the purpose of this Act. Approved, May 23, 1928. May 23, 1928. CHAP. 720 .-An Act For the relief of the land-grant railroad operated [li , No. [Public, No. 494 .] between the station formerly known as East Portland, in the State of Oregon, and Roseville, in the State of California. Land g rant rail road . Be it enacted by the Senate and House o f Representatives o f the Rate of Army trans- United States o f America in Congress assembled, That the land- port l an ' from g. to East Portland, t railroad heretofore operated, be ing and no w being op erated, be tween nd, Oreg ., to g Roseville, Calif . the station formerly known as East Portland, in the State of Oregon,

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 SEVENTIETH CONGRESS. SESS. I. CHs. 720-722. 1928 . 723 and Roseville, in the State of California, shall hereafter receive compensation for transportation of property and troops of the United Vol.14,p. 272. States at the same rate as is paid to land-grant railroads organized under the Land Grant Act of March 3, 1863, and the Act of July 27, 1866 (chapter 278) : Provided, That the Congress hereby reserves the Proviso. right at any time by law to prescribe such charges as it deems advis- Ri ght to presc ribe charges reserved. able for such Government transportation. Approved, May 23, 1928. May 23, 1928. CHAP. 721 .-Joint Resolution Authorizing the President to appoint three 	(S . J . Res . 971 delegates to the Twenty-third International Congress of Americanists, and mak- [Pub . Res., No.50] ing an appropriation for the expenses of such congress . Whereas the Twenty-third International Congress of Americanists Int ernational Con. will be held in New York City during the week beginning Sep- gross eamb Americanists . tember 17, 1928, for the consideration of (1) the aboriginal races of Americ a and their relat ionshi p to o ther people s, (2) the arch2eological remains found in America and time relations as rev ealed by the m, (3) the habits and c ustom s of t he var ious groups of American Indians and questions of the origin and dis- tribution of these in the Old and New Worlds, (4) the native languages of America, (5) the early history of America, especially in regard to its discovery and early settlement, and (6) geo- graphical and geological questions, especially as related to human activities : There fore be it Reso lved by the Senate and House of Representatives of the App oint ment auth or. United States of America in Congress assembled, That the President ized of three delegates is authorized to appoint three delegates to represent the United to ' States at the Twenty-third International Congress of Americanists, to be held in New York City during the week beginning September 17, 1928 . SEC. 2. There is hereby authorized to be appropriated, out of any sum authorized as y contribution to expen- money in the Treasury not otherwise appropriated, the sum of $5,000, ses. to be paid by the Secretary of State to the proper officials of such Post, p. 914. congress as the contribution of the United States toward defraying the expenses of such congress. Approved, May 23, 1928. May 23, 1928 . CHAP. 722.-Joint Resolution Providing for the participation of the United 	[S. J. Res. 23 .] States in the celebration in 1929 and 1930 of the one hundred and fiftieth anni- [Pub. Res., No. 51.] versary of the conquest of the Northwest Territ ory by General_ Geor ge Rogers Clark and his army, and authorizing an appropriation for the construction of a permanent memorial of the Revolutionary War in the West, and of the accession of the Old Northwest to the United States on the site of Fort Sackville, which was captured by George Rogers Clark and his men February 25, 1779. Resolved by the Senate and House of Representatives of the United States o f America in Congress assembled, That there is hereby established a commission to be known as the George Rogers Clark Sesquicentennial Commission (hereinafter referred to as the commission) and to be composed of fifteen commissioners, as fol- lows : Three persons to be appointed by the President of the United States ; three Senators by the President of the Senate ; three Members of the House of Representatives by the Speaker of the House of Representatives ; and. six members of the George Rogers Clark Memoria l Commission of Indiana to be selected b y such commis sion. Northwest Territory Sesquicentennial. Co mmis sion estab. lished. Composition.

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 724 Sum authorized for a memorial in Vi n- cennes, Ind ., commem- orating winning of Old Northwest, a n d achievements of George Rogers Clark in Rev- olutionary War. Post, p. 887. Provisio. State of Indiana to furnish site, and as- sume main tenance of the mem orial. Acceptance of gifts authorized. Approval of expendi- tures. No Federal liability for debts of State, etc. Plans, etc ., to be ap- proved by Commis- sion of Fine Arts. No fees to be im- posed . Termination of Com- mission. May 24,1928. [11. R. 7900.] [Public, No. 495 .] Postal Service. Allowance of rent, fuel, light, and equip- ment to fourth class postmasters. SEVENTIETH CONGRESS. SESS. I. CHs. 722, 724 . 1928. SEC. 2. There is hereby authorized to be appropriated, out of money in the Treasury not otherwise appropriated, the sum of $1,000,000 to be expended by the commission in cooperation with the George Rogers Clark Memorial Commission of Indiana, the county of Knox, Indiana, the city of Vincennes, Indiana, and such other agencies, public or pri vate, as the commission ma y determine, f or the purpose of designing and constructing at or near the site of Fort Sackvi lle in the city o f Vinc ennes, Indi ana, a perma nent memorial, commemorating the winning of the Old Northwest and the achie vements of Geo rge Rogers Cl ark and his a ssociates in t he war of the American Revolution : Pro vid ed, That the State of Indiana shall furnish the site for such memorial and that full, com- plete, and absolute title to the land shall be vested in the State of Indiana, free and clear of all liens and encumbrances, and that the Stat e of I ndiana shal l assu me, wi thout expen se to the Fe deral Government, the perpetual care and maintenance of said site and the memorial constructed thereon, after such memorial shall have been constructed. SEC. 3. The commission may in its discretion accept from any source, public or private, sums of money to be added to the amount herein authorized to be appropriated for said memorial, or gifts for its embellishment. SEc. 4. All expenditures of the commission shall be allowed and paid upon th e presentatio n of itemized vouchers ther efor approved by the chairman of the commission, but no expenditure shall be made or a uthori zed by the commis sion e xcept with the ap proval of a majority of the commissioners. SEC. 5. The United States shall not be held liable for any obliga- tion or inde btedness incu rred by the S tate of Indian a, the George Rogers Clark Memorial Commission of Indiana, the county of Knox, Indiana, the city of Vincennes, Indiana, or any other agency or officer, employee or agent thereof, for any purpose for which the commission may under the provisions of this resolution make expenditures. SEc. 6. Before any of the funds herein authorized to be appro- priated shall be expended, the plans and designs of the said memo- rial shall be approved by the National Commission of Fine Arts. SEC. 7. No fee or charge of any character shall be imposed or made for admission to the said memorial or the grounds on which it may stand after the memorial shall have been completed and accepted by the co mmission. SEC. 8 . T he commission shall cease and terminate June 30, 1931. Approv ed, Ma y 23, 1928. CHAP. 724 .-An Act Gra nting allowances for rent, fuel, light, and equip- ment to po stmas ters of th e fou rth c lass, and for other purposes. Be it enacted by the Senate and House of Representatives' of the United States o f America in Congress assembled, That after July 1, 1928, postmasters of the fourth class shall be paid as allowances for rent, fue l, light, and equipment an amount equal to 15 per cent um of the compe nsation earne d in each qua rter, such all owances to be paid at the end of each quarter at the same time and in the same manner as their regular compensation. N ICHO LAS LONG WORT H Speaker of the House of Representatives. CHARLES G. DAWES Vice President of the United States and President of the Senate.

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 SEVENTIETH CONGRESS. SEss. I. CHs. 724, 725 . 1928. IN THE HOUSE OF REPRES ENTATIVE S, UNITE D STATES May 22, 1928 The House having proceeded, in pursuance of the Constitution, to reconsider the bill (H. R. 7900) entitled "An Act granting allow- ances for rent, fuel, light, and equipment to postmasters of the fourth class, and for other purposes," returned to the House by the President of the United States, with his objections thereto, with the message of the President returning the bill; and Resolved, That the bill do pass, two-thirds of the House of Repre- sentatives agreeing to pass the same. At test WM. TYLER PAGE Cleric. IN THE SENATE OF THE UNITED STATES May 3 (calendar day, May 24), 1928 The Senate having proceeded, in pursuance of the Constitution, ate assage by the sen- to reconsider the bill (H . R. 7900 entitled "An Act granting allow- ances for rent, fuel, light, and equipment to postmasters of the fourth class, and for other purposes," returned by the President of the United States to the House of Representatives, in which it originated, with his objections, and passed by the House of Representatives on a reconsideration of the same, it was Resolved, That the bill pass, two-thirds of the Senators present having voted in the affirmative . Attest EDWIN P. THA YER Secretary. CHAP . 725 .-An Act To provide a differential in pay for night work in the Postal Service . [Pu blic, No . 496 .) Be it enacted by the Senate and House of Representatives of the Postal Service. United States of America in Congress assembled, That after July 1, Extra pay t o em- 1928, supervi sory e mployee s, spec ial cl erks, c lerks, substi tute cl erks, ployees for night work. watchmen, messengers, laborers, and employees of the motor-vehicle service, in first and second class post offices; carriers and substitute carriers in the City Delivery Service; and railway postal clerks, substitute railway postal clerks, and laborers in the Railway Mail Service, who are required to perform night work, shall be paid extra for such work at the rate of 10 per centum of their hourly pay per hour : Provided, That night work is defined as any work done between the hours of six o'clock postmeridian and six o'clock antemeridian. NI CHOL AS L ONGW ORTH Speaker o f .the House of Representatives. CHARLES G. DAWES Vice President of the United States and President of the Senate. 725 Passage by the House of Representatives. May 24,1929. [H. R, 2681.] Proviso w . Night ork defined .

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 726 SE VENT IETH CONGR ESS. SEss. I. CHs. 725, 726 . 1928. IN THE HousE OF REPRESENTATIVES, UNITED STATES May 22, 1928 Passage by the House of Representatives. The House having proceeded, in pursuance of the Constitution, to reconsider the bill (H. R. 5681) entitl ed "A n Act to pr ovide a differential in pay for night work in the Postal Service," returned to the House by the President of the United States, with his objec- tions t hereto, with the message of the Presiden t return ing the bill ; and Resolved, That the bill do pass, two-thirds of the House of Repre- sentatives agreeing to pass the same. Attest AVM. TYLER PAGE Clerk. IN THE SENATE OF THE UNITED STATES May 3 (calendar day, May 04), 1928 Passage by the Sen. ate. The Senate having proceeded, in pursuance of the Constitution, to recon sider the bill (H . R. 5681) entitled "An Act to provide a differential in pay for night work in the Postal Service," returned by the Pres ident of the United States to the House of Repre senta - tives, in which it originated, with his objections, and passed by the House of Represe ntatives on a rec onsidera tion of the same, it was Resolved, That the bill pass, two-thirds of the Senators present having voted in the affirmative. Attest EDWIN P. THAYER Secretary. May 24,1928. [S .1284 .)	CHAP. 726 .-An Act Amending the Act approved April 30, 1926, entitled [Public, No . 497 .1 "An Act amending the Act entitled `An Act providing for a comprehensive development of the park and playground system of the National Capital,' ap- proved June 6, 1924 ." Be it enacted by the Se nate and H ouse o f Representatives o f the District of Columbia . United States of America in Congress assembled, Th at the proviso NationalCapital Park and Pla nni ng in section 1 (a) in the Act approved April 30, 1926, entitled "An CVo ol .44,p 375, ame nd- Act amen ding the Act ent itle d `An Act pr ovid ing for a co mpre - e Matter stricken out. hensive development of the park and playground system of the National Capital,' approved June 6, 1924" (Statutes at Large, vol- ume 44, page 374), is h ereby amended by striking out the words " subsistence not in excess of $10 per day and of travel when attend- ing meetings of said commission or engaged in investigations per- taining to its a ctivities," and inserting in lieu thereof the fol lowing : "tr av el wh en attending meetings of sai d com mi ssi on or engaged in investigations pertaining to its activities and an allowance of $8 per day in lieu of subs istence during s uch trav el and s ervices, " and Te Now rms' oft appointive is hereby reenacted so as to read as follows
 * " Provided,

That the members. first members appointed under this Act shall continue in office for terms of three, four, five, and six years, respectively, from the date of the passage of this Act, the terms of each to be designated by the President ; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the, unexpired term of the member whom he

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 SEVENTIETH CONGRESS. SESS. I. CHs. 726, 727. 1928 . 727 shall succeed. All members of the said commission shall serve with- No pa y, but actual expenses of travel and out compensation therefor, but each shall be paid actual expenses $8inlieu ofsubsistene2. of travel when attending meetings of said commission or engaged in inve stig atio ns p erta inin g to its act ivit ies, and an allo wanc e of Temporary appoint- $8 per day in lieu of subsistence during such travel and services. At meats at close of each the close of each Congress the presiding officer of the Senate and the Congress. Speaker of the House of Representatives shall appoint, respectively, a Senator and a Representative elect to the succeeding Congress to serve as members of this commission until the chairmen of the com- mittees of the succeeding Congress shall be chosen. The Director of Executive and dis . Public Buildings and Public Parks of the National Capital shall be bursmgofcerg executive and disbursing officer of said commission ." Approved, May 24, 1928 . May 24, 1928. CHAP . 727 .-An A ct Au thori zing Elmer J . Cook, his heirs, legal representa- 	 [s .44 61 .] 	tives, and assigns, to construct, maintain, and operate a bridge across Bear [Public, No. 498 .1 Cree k at or ne ar Lo vel P oint, Balt imore Coun ty, Maryland . Be it enacted by the Senate and House o f Representatives o f the Bear Creek . United States of America in Congress assembled, That in order to Elmer J . Cook may bridge at Level Point, promote interstate commerce, improve the postal service, and provide Md . for military and other purposes, Elmer J . Cook, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintai n, and operat e a bridge and approaches t hereto across Bear Creek, at a point suitable to the interests of navigation, at or near Lovel Point, Baltimore County, Maryland, in accordance with the Construction. 34, p 84. rovisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Acq uisition author. SEC. 2. After the c omp leti on of such bridge, as determined by the 1zed after completion, Maryland, etc. Secretary of War, either the State of Maryland, any political subdi- by visions thereof with in or adjoinin g which any p art of such b ridge is located, or any two or more of them jointly, may at any time acqu ire and take over al l right, titl e, and interes t in s uch bri dge and its approaches and any interests in real property necessary therefor, Condem nation pro - by purchase or condemnation in accordance with the laws of such ceedings. State governing the acquisition of private property for public pur- Compensation if ac- poses by condemnation. If at any time after the expiration of guired by condemna- twenty years after the completion of such bridge and its approaches tlon. the same is acquired by condemnation, the amount of damages or compensation to be allowed shall not include good will, going value, Limitations. 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 cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property ; and (4) actual expendi- tures for necessary improvements. SEC. 3 . If such bridge shall at any time be taken over or acquired etT°o lls peru nodn er st ate, by any municipality or other political subdivision or subdivisions of the State of Maryland under the provisions of section 2 of this Act, and if tolls are charged for the use thereof, the rates of toll shall be Rt es ap pli ed fu op - so adjusted as to provide a fund sufficient to pay for the cost of etc. maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches as soon as possible under reason- able charges, but within a period of not to exceed twenty years from

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 728 SEVENTIETH CONGRESS. SEss. I. CHs. 727, 728. 1928 . Maintenance as free the date of acquiring same. After a sinking fund sufficient to bridge, etc., after amor- tizing costs. amortize the cost of acquiring the bridge and its approaches shall have been 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 care, repair, maintenance, and operation of the bridge Record of expendi- tares and receipts. and its approaches. An accurate record of the amount paid for the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of daily tolls collected shall be kept and shall be available for the information of all persons interested. Swo rn s tate ment of Sno. 4. Elmer J. Cook, his heirs, legal representatives, and assigns, construction costs, etc ., to be filed after com- shall, within ninety days after the completion of such bridge, file pletion . with the Secretary of War, and w ith the highw ay department of the State of Maryland, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, Examination by Sec- and the actual financing and promotion costs. The Secretary of War retary of war. may, an d at the requ est of the hig hway departme nt of the Stat e of Maryland shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs 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 Elmer J. Cook, his heirs, legal representatives, and assigns shall make available all records in connection with the construction, financing, and promotion Find ings of S ecre tary thereof. The findings of the Secretary of War as to the reasonable conclusive. costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 2 of this Act, subject only to review in a court of equity for fraud or gross mistake. cn ferrredg sell, etc ., SEC. 5. The ri ght to sell, a ssign, transf er, and mortg age all rights , powers, and privileg es conferred b y this Act is hereby grante d to Elmer J. Cook, his heirs, legal representatives, and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred Amendment . herein directly upon such corporation or person. SEC. 6 . The right to alter, amend, or repeal th is Act is her eby expressly reserved. Appro ved, M ay 24, 1928. May Ru ,1 9as . [H. 990 .] CHAP. 728 .-An Act To aut horiz e the leasing of public lands for use as [Public, No. 499 .] public aviation fields. Leases c Be it enacted by the Senate and House of Repr esen tati ves of t he Lub of, for for public United States of America in Congress assembled, That the Secretary airp orts auth oriz ed • of the Interior is authorized, in his discretion and under such regula- tions as he may prescribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed six hundred and forty acres in area, subject to valid rights in such lands under the public land laws. Term of lease. SEC. 2 . Any lease under this Act shall be for a period not to exceed twenty years, subject to renewal for like periods upon agreement of con ditio ns. the Secretary of the Interior and the lessee. Any such lease shall be subject to the following conditions :

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 SEVENTIETH CONGRESS. SEss. I. CHs. 728, 729. 1928. 729 (a) That an annual rental of such sum as the Secretary of the Annual rent al. Interior may fix for the use of the lands, shall be paid to the United States. (b) That the lessee 9ha11 maintain the lands in such condition, t1 Maintenance, facili. , etc. and provide for the furnishing of such facilities, service, fuel, and other suppli es, as are ne cessary to ma ke the lands a vailab le for public use as an airport of a rating which may be prescribed by the Secretary of Commerce. (c) That the lessee shall make reasonable regulations to govern er Reguulations to gov, the use of the airport, but such regulations shall take effect only upon approval by the Secretary of Commerce. d That all departments and agencies of the United States oper- unrestricted u se, t~ etc ., by Federal air. ating aircra ft (1) shall have fr ee and unrest ricted use of the ai rport, craft agencies. and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft. e That whenever the President may deem it necessary for Full control for mill. y y tart' purposes if neces- military purposes, the Secretary of War may assume full control of sar y- the airport. SEC. 3. With the consent of the lessee, the Secretary of the Canc elli ng pr esen t 1 ~ leases, and issuing new Interior is authorized to cancel any lease of public lands for use ones under this act, as public aviation fields or airports, made under law in force upon authorized. the date of the approval of this Act, and to lease such lands to the lessee upon the conditions prescribed by this Act. SEC. 4. The Secretary of the Interior is hereby authorized, in his Dis cre ti ona ry y lion for beac on li ghts, discretion and under such rules as he may prescribe, to grant per- con dunreserved Pub. mission for the establishment of beacon lights and other air-naviga- lic lands. tion facilities, except terminal airports, upon tracts of unreserved and una ppro pria ted publ ic l ands of the Unit ed S tate s of app ropr iate size, and may withdraw the lands for such purposes. Approv ed, Ma y 24, 1928. CHAP. 729 .-An Act Authorizing The Kansas City Southern Railway Com- May 2a, is j [H. R. 11338.] pany, its successors and assigns, to construct, maintain, and operate a bridge [Public, 1\o. 500.] across the Missouri River near Randolph, Missouri. Be it enacted by the Senate and House of Representatives of the United States o America in Congress assembled, That in order to f 7 Kansas Ci ty South- promote interstate commerce, improve the postal service, and provide may ail, ay, Compan Ra n- for military and other purposes, The Kansas City Southern Railway dolph, 110. Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, an d operate a b ridge and app roaches theret o across the Missouri River, at a point suitable to the interests of navigation, at or near a point approximately one mile southeast of Randolph, Missouri, in accordance with the provisions of the Act constructio n. enti tled "An Act to regu late the con stru ctio n of bri dges ove r na vi- osi,3P; P4i'- gable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEC. 2 . The Kansas City Southern Railway Company, its succes- Character of bridge, sors and assigns, is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or asa highway bridge for the passage of pedestrians, animals, and vehicles, adapted to travel on public highways, or as a combined railroad and highway bridge for all such purposes ; and there is hereby conferred esate, etc, acquire cation, upon the said The Kansas City Southern Railway Company, its suc- approaches, etc. cessors and assigns, all such rights and powers to enter upon lands
 * t4issouri Ricer.

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 730 SEVENTIETH CONGRESS. SEss. I. Cg. 729. 1928 . and to ac quire, condemn, occu py, pos sess, a nd use real e state a nd oth er property needed for the location, construction, operation, and main- tenance 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 ce dings .mnation p ro- and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation Acquisition of high- of property for public purposes in such State. way bridge authorized, SEC. 3 . After the completion of such bridge, as determined by the after completion, by Secreta ry of War, if the same is c onstructed as a highway bri dge, Missouri, etc. only, either the State of Missouri, any political subdivision thereof, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemn ation, in acc ordance with t he laws of su ch State gover ning Compensation if ac- the acquisition of private property for public purposes by condemna- quired by condemna- tion or expropriation. If at any time after the expiration of twenty tion. years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compen- sation to be allowed shall not include good will, going value, or pro- Limitations, spective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasona ble deduction for actual de preciation in value ; (2 ) t he actual cost of acquiring such interests in real property ; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and ac- quiring such interests in real property ; and (4) actual expenditures for necessary improvements. Tolls under state, etc ., op eration. SEC. 4. If such bridge shall at any time be taken over or acquired by the State of Missouri or by any municipality or other political subdivision or public agency thereof, under the provisions of section era tio n, Rates applied sinki ng to fund, 3 of this Act, and if tolls are charged for the use thereof, the rates etc • of toll shall be so adjusted as to provide a fund sufficient o pay for the reasonable cost of maintaining, repairing, and operating the brid ge and its a pproa ches u nder e conomi cal m anagem ent, a nd to provide a sinking fund sufficient to amortize the amount paid there- for including reasonable interest and financing cost, as soon as Maintenance as a free possible under reasonable charges, but within a period of not to brid ge, etc., after amor- exceed tw enty years fro m the date of acquiring th e same. After a tizing costs, sinking fund sufficient for such amortization shall have been so pro- vided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to pro- vide a fund of not to exceed the amount necessary for the proper Record of expendi- maintenance, repair, and operation of the bridge and its approaches tures and receipts. under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expendi- tures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the in- Purchase or condem- formation of all persons interested. nat ion of combined SEC. 5 . If such bridge is constructed as a combined railroad bridge railroad and highway for the passage of railway trains or street cars, and a highway bridge bri dge. for the passage of pedestrians, animals, and vehicles, then the right of purchase and condemnation conferred by this Act shall apply to a right of way thereover for the passage without cost of persons, right of way. for animals, and vehicles adapted to travel on public highways ; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge, then the measure of damages or compensa- tion to be allowed or paid for such right of way shall be a sum equal

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 SEVENTIETH CONGRESS. SEss. I. Cn. 729. 1928 . '731 to the difference between the actual fair cash value of such bridge det ermined in ac cordance with the provision s of section 3 of th is Act and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. Maintenance, etc ., of If the right of purchase or condemnation conferred by this Act shall highway bridge . be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, animals, or vehicles shall be maintained, operated, and kept in repair by the purchaser thereof. SEC. 6. The Kansas City Southern Railway Company, its successors and assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway depart- ment of the State of Missouri a sworn itemized statement showing the actua l origi nal cos t of c onstruc ting th e brid ge and its app roache s, the actual cost of acquiring any interest in real property necessary Ex amin ation by Sec. therefor, and the actual financing and promotion costs. The Secre- retary of war. tary of War may, and at the request of the highway department of the State of Missouri shall, at any time within three years after the co mple tion of such bri dge, inv esti gate suc h co sts and dete rmin e th e accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said The Kansas City Southern Railway Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promo tion thereof. The findings of the Secretary of War as to the Fi nding s of Secr etar y reasonable costs of the construction, financing, and promotion of the conclusive. bridge shall be conclusive for the purposes mentioned in section 3 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. The Kansas City Southern Railway Company, its successors Tolls authorized. and assigns, is hereby authorized and empowered to fix and charge just and re asonab le toll s for t he pas sage of such b ridge of pede strians , animals, and vehicles adapted to travel on public highways, and the' Vol.34,p.s5. rates so fixed shall be the legal rates until the Secretary of War shall prescribe other rates of toll as provided in the Act of March 23, 1906 ; and if said bridge is constructed as a railroad bridge, or a joint railroad and highway bridge, as provided in this Act, the said The Kansas City Southern Railway Company, its successors and assigns, is hereby authorized to fix by contract with any person or corporation desiring the use of the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric light or power lines, or for any other such Determination in ab- purposes, the terms, conditions, and rates of toll for such use ; but sence of contract. in the absence of such contract, the terms, conditions, and rates of toll for such use shall be determined by the Secretary of War as Vol.34,p.35. provided in said Act of March 23, 1906. Right to sell, etc., SEC. 8 . The right to sell, assign, transfer, and mortgage all the conferred. rights, powers, and privileges conferred by this Act is hereby granted to The Kansas City Southern Railway 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 thoug h conferred h erein directly upon such co rporation or person. Ame ndme nt- SEC. 9 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Appro ved, M ay 24, 1928. 5483 5'-20-PT 1-50 Sw orn state ment of construction costs, etc ., to be filed after comple- tion. If a joint railroad and high way bridge, con- tract authorized for use fo r rai lway trai ns, and other public utilities.

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 732 May 24, 1 928 . [S . 2823] . [Public, No. 501 .1 Patents. U. S. Code, p. 1170. Reissue of any inoper- ative patent if error in- advertent and without any fraud. R. S.,sec.4916,p.950, amended. Several patents may be issued for separate parts of the thing pat- ented. Effect as if originally filed in corrected form . No new matter to be in trod uced. SEVENTIETH CONGRESS. SEss. I. CHs. 730, 731 . 1928 . CHAP. 730.-An Act Amending the Statutes of the United States with respect to reissue of defective patents. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That section 4916 of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows " SEC. 4 91 6 . Whenever any patent is wholly or par tly inoperati ve or invalid, by reason of a defective or insufficient specification, or by reason of the patentee clai ming as his o wn invention o r discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fr audulent or deceptive intention, the commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a patent for the same invention, and in accordance with the corrected specifica- tion, to be reissued to the patentee or to his assigns or legal repre- sentatives, for the unexpired part of the term of the original patent . Such surrender shall take effect upon the issue of the reissued patent, but in so far as the claims of the original and reissued patents are identical, such surrender shall not affect any action then pending nor abate any cause of action then existing, and the reissued patent to the ext ent tha t its c laims are ide ntical with t he orig inal pa tent s hall constitute a continuation thereof and have effect continuously from the date of the original patent. The commissioner may, in his discretion, cause several patents to be issued for distinct and separate parts of the thing patented, upon demand of the applicant, and upon pay- ment of the required fee for a reissue for each of such reissued letters pate nt. T he specificat ions and clai ms in every su ch case shall be subject to revision and restriction in the same manner as original applications are. Every patent so reissued, together with the cor- rected specifications, shall have the same effect and operation in law, on the trial of all actions for causes thereafter arising, as if the same had been originally filed in such corrected form ; but no new matter shall be introduced into the specification, nor in case of a machine patent shall the model or drawings be amended, except each by the other ; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid ." Approved, May 24, 1928 . May 24, 1928 . [S .4229] .	C H A P . 73 1 .-An Act To extend the time for completing the constructing [Public, No . 502 .] of a bridge across the Mississippi River near and above the city of New Orleans, Loui siana . Be it e nacted by the Senate and Ho use of Repres entatives of the Time River . United States o f America in Congress assembled, That the time for Zme extended xtended for bridging by New or- completing the construction of a bridge across the Mississippi River le vol .43'p .103,amend- near and above the city of New Orleans, Louisiana, authorized by ed. Act of Congress approved April 17, 1924, to be built by the city of New Orleans, a municipal corporation existing under the laws of the State of Louisiana, its successors and assigns, through its Public Belt Railroad Commission, is hereby extended five years from the rrovi & date of the approval hereof : Provided, That it shall not be lawful R es ubmission of plans required. to continue the construction of said bridge until plans thereof shall again be submitted to and approved by the Chief of Engineers and by the Secretary of War. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 24, 1928. Amendment.

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 SEVENTIETH CONGRESS. SEss. I. CHs. 732, 733 . 1928 . 733 CHAP. 732 .-An Act Authorizing the city of Council Bluffs, Iowa, and the city of Omaha, Nebraska, or either of them, to construct maintain, and operate a free highway bridge across the Missouri River between council Bluffs, Iowa, and Omaha, Nebraska. Be it ena cted by the Se nate and Hous e of Represen tatives of t he United States of America in Congress assembled, That in order to facilitate interstate commerce, improve the postal service, and pro- vide for military and other purposes, the city of Council Bluffs, a municipal corporation of the State of Iowa, and the city of Omaha, a municipal corporation of the State of. Nebraska, or either of them, are hereby authorized to construct, maintain, and opera te a f ree highway b ridge and app roaches theret o across the Missouri River, at a point suitable to the interests of navigation, between Counc il Bluffs, Io wa, and Omaha, Nebraska, in accordance w ith the provisions of an Act entitled "An Act to regulate the construction of br idges over na vigable waters ," approved M arch 23, 1906. SEC. 2 . There are hereby conferred upon the city of Council Bluffs and the city of Omaha, or either of them, all such rights and powers to en ter upon land s and to acqui re, condemn, occupy, posse ss, and use real estate and other pro perty needed f or the locati on, con- struction, operation, and maintenance of such bridge and its app roaches as ar e possessed b y railroad cor porations 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 b e ascertained and paid according to the laws of s uch State, an d the proceedi ngs therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. SEC. 3 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 24, 1928. May 24, 1928. [S. 3693 .]	[Public, No. 503 .] Missouri River . Counc il Bluffs, Io wa, and Omaha, Nebr., may br idge. Const ruction . Vol .34,p.84. Right to acquire real estate, etc ., for location, ap proac hes, etc. Cond emnation pr o- ceedings. Amen dment. CHAP. 733 .-An Act To amend section 4 of the Act entitled "An Act to	May 444s 1 23' extend the period of restrictions in lands of certain members of the Five Civilized [Public, No . 504.1 Tribes, and for other purpo ses," approved May 1 0, 1928. Be it enacted by the Senate and House of Representatives of the United States o America in Congress assembled, That section 4 of Five Civilized an Act approved May 10, 1928, entitled "An Act to extend the period T rib es, m Okla . ns. of restrictions in lands of certain members of the Five Civilized edI"1,- p. 496, amend- Tribes, and for other purposes" (Public Numbered 360, Seventieth Congress, first session), be, and the same is hereby, amended so as to read as follows " SEC. 4. That on and after April 26, 1931, the allotted, inherited, exR estrfcte d sca ns sub and devised restricted lands of each Indian of the Five Civilized feet to State taxation Tribes in excess of one hundred and sixty acres shall be subject to after April 26, 1931 . taxation by the State of Oklahoma under and in accordance with the laws of that State, and in all respects as unrestricted and other lands Provided, That the Indian owner of restricted land, if an adult and Provisos. not legally incompetent, shall select from his restricted land a tract e Selection of exempt- tracts by Indian or tracts, not exceeding in the aggregate one hundred and sixty acres, 0 en• to remain exempt from taxation, and shall file with the Superin- tendent of the Five Civilized Tribes a certificate designating and describing the tract or tracts so selected : Provided further, That in S uperi nten dent to se - lect on failure of Indian, cases where such Indian fails, within two years from date hereof, to etc. file such certificate, and in cases where the Indian owner is a minor o r ot herw ise lega lly inco mpet ent, the sel ecti on s hall be made and cer tificate prep ared by the S uperintendent for the Five Civilized Tribes ; and such certificate, whether by the Indian or by the Super- intendent for the Five Civilized Tribes, shall be subject to approval

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 734 Designated lands ex- empt from taxation while title in the Indian, etc. Exemption period limited. Not ov er 160 acres exempt. May 24, 1828. [H. R. 12632.] [Pu blic, No . 505.] European corn borer. Amount au th ori zed for methods of eradi- cation. Ante, p. 568. Post, pp. 1208, 1216 . Cooperation of States, etc. Provisos. Purchase of new ma, chinery restricted. Services, etc ., in the District and elsewhere. No expe nditure unti l St ates affe cted prov ide regulatory leg isl ati on and money be contrib- uted by and authorized . Fa rm clean-up ex- penditures. No pay for corn, etc ., destroyed. Moneys received from States to he de- posited into the Treas- ury. SEVENTIETH CONGRESS. SEss. I. CHs. 733, 734 . 1928 . by the Secr etar y of the Int erio r ; and, wh en approved by the Secre- tary of the Interior, shall be recorded in the office of the Superin- tendent for the Five Civilized Tribes, and in the county records of the county in which the land is situated ; and said lands, designated and described in the approved certificates so recorded, shall remain exempt from taxation while the title remains in the Indian designated in such approved and recorded certificate, or in any full-blood Indian heir or devisee of the land : Provided, That the tax exemption shall not extend beyond the period of restrictions provided for in this Act : And provided further, That the tax-exempt land of any such Indian allottee, heir, or devisee shall not at any time exceed one hundred and sixty acres ." Approved, May 24, 1928 . CHAP. 734 .-An Act To provide for the eradication or control of the European corn borer . Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That to enable the Secretary of Agriculture to apply such methods of eradication or control of the European corn borer over such area or areas as in his judgment may be necessary, including the employment of persons and means in the District of Columbia and elsewhere and all other neces- sary expenses, the sum of $7,000,000 is hereby authorized to be appro- priated, out of any money in the Treasury not otherwise appro- priated, to be expended in cooperation with such authorities of the States concerned, organizations, or individuals as the Secretary may deem necessary to accomplish such purposes : Provided, That no part of the appropriation herein authorized shall be expended for the purchase of new machinery unless the Secretary of Agriculture deems such expenditure necessary by reason of an emergency, and in such case an amount not to exceed 1 per centum may be so expended : Provided further, That an amount not to exceed 9 per centum of the appropriation herein authorized may be expended for the employ- ment of persons and means in the District of Columbia and elsewhere and all other necessary expenses other than necessary expenses for farm clean-up incidental to such eradication or control : Provided further, That in the discretion of the Secretary of Agriculture no expenditure shall be made hereunder until the States wherein the European corn borer exists shall have provided necessary regulatory legislation and until a sum or sums adequate to State cooperation shall have been appropriated, subscribed, or contributed by States, county, or local authorities or individuals or organizations : Pro- vided further, That expenditures from the appropriation herein authorized for any necessary farm clean-up incidental to such eradi- cation or control shall include only such as are, in the judgment of the Secretary of Agriculture, additional to those normal and usual in farm operations, and shall not exceed 90 per centum
 * Pro-

vided further, That no part of the appropriation herein authorized shall be used to pay the cost or value of corn or other farm crops or other property injured or destroyed : And provided further, That the Secretary of Agriculture may receive, and shall cover into the Treas ury as miscel laneous receip ts, any and a ll moneys aut horized by the law of any State to be paid to the United States out of amoun ts assessed a gainst and col lected from a ny owner of p remises who refuses or neglects to carry out State-control requirements when such moneys represent expenditures made on such premises by the United States under the provisions of this Act. Approved, May 24, 1928.

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 SE VENT IETH CONGRESS. SEss. I. CH. 735. 1928 . 735- CHAP. 735 .-An Act Making eligible for retirement, under certain condi- May 24,1928. tions, officers and former officers of the Army, Navy, and Marine Corps of the [s .777 .] United States, other than officers of the Regular Army, Navy, or Marine Corps, [Public, No. 506 .] who incurred physica l disability in line of duty while in th e service of the United States during the World War. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That all persons reti red re tof oA , rmy who have served as officers of the Army, Na vy, or Marine Corps of Na v y , and Ma rine the U nited States during the Wor ld War, other than as offi cers of o Cre tea for off icers the Regular Army, Navy, or Marine Corps who during such service serving in world war other than as of Regu- have incurred physical disability in line of duty, and who have lar Army, etc ., having been, or may hereafter, within one year, be, rated in accordance with rated not rat not s than than 30 law at not less than 30 per centum permanent disability by the per cent permanent by United States Veterans' Bureau for disability resulting directly veter ans' Bure au. from such war service, shall, from date of receipt of application by the Director of the United States Veterans' Bureau, be placed upon, and ther eaft er c onti nued on, sep arat e re tire d li sts, her eby crea ted as part of the Army, Navy, and Marine Corps of the United States, to be known as the emergency officers' retired list of the Army, Navy, or Marine Corps of the United States, respectively, with the ae ad when discharged, n rank held by them when discharged from their commissioned serv- privileges of Regular A rmy, etc ., officers re- ice, and shall be entitled to the same privileges as are now or may tired for phys ical dis- hereafter be provided for by law or regulations for officers of the abili ty. Regular Army, Navy, or Marine Corps who have been retired for physical disability incurred in line of duty, and shall be entitled to To have hospita liza- tion, etc., authorized all hospitalization privileges and medical treatment as are now by Veterans' Bureau, and retired pay at rate or may hereafter be authorized by the United States Veterans of75percentofpayat Bureau, and shall receive from date of receipt of their application time of di scha rge. retired pay at the rate of 75 per centum of the pay to which they were entitled at the time of their discharge from their commissioned \ro,c4 Exception. 601 . service, except pay under the Act of May 18, 1920 : Provided, That Provisos . Payments solely from all pay and allowances to which such persons or officers may be military and naval entitled under the provisions of this law shall be aid solely out of compensation fund of p y Veterans' Bureau, in the military and naval compensation appropriation fund of the lieu of all disability United States Veterans' Bureau, and shall be in lieu of all disability CO Vol . 43, pp. 60~ benefits. 'Compensation benefits to such officers or persons provided in the Vol. 44, p . 790. W orld W ar Vet erans' Act, 1924, and a mendm ents t hereto, exce pt Exc ept ion. p .1064. as ot herwise autho rized herein, and except as provided by the Act . of December 18, 1922 : Provided further, That all persons who have l ess If disability acerated at served as officers of the Army, Navy, or Marine Corps of the United than 10 lOpsrcentperma- nent, to be placed on States during the World War, other than as officers of the Regular thet'retired list with be on Army, Navy, or Marine Corps, who during such service have rank but hwiithout incurred physical disability in line of duty, and who have hereto- retired pay. fore or may hereafter be rated less than 30 per centum and more than 10 per centum permanent disability by the United States Veterans' Bureau, for disability resulting directly from such war service, shall, from date of receipt of application by the Director of the United States Veterans' Bureau, be placed upon, and thereafter con- tinued on, the appropriate emergency officers' retired list, created by this Act, with the rank held by them when discharged from their c ommi ssio ned serv ice, but wit hout ret ired and shall be entitled T have only co m- pay, pens ation, etc ., pro- only to such compensation and other benefits as are now or may here- Baran, by Veterans' after be provided by law or regulations of the United States Veterans' Bureau, together with all privileges as are now or may hereafter be provided by law or regulations for officers of the Regu- lar Army, Navy, or Marine Corps who have been retired for physical Lists to be published disability incurred in line of duty : And provided further, That the an nually in th e Army retired list created by this Act of officers of the Army shall be pub- and Navy Registers. lished annually in the Army Register, and said retired lists of officers

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 736 SEVENTIETH CONGRESS. SESS. I. CH. 735 . 1928 . Applications must be made in 12 months. Proviso. Register to be kept in Veterans' Bureau in order of receipt. Period of "World War" defined. Pa ssage by S enate. of the Navy and Marine Corps, respectively, shall be published annually in th e Navy Regist er. SEC. 2. No person shall be entitled to benefits under the provisions of this Act except he make application as hereinbefore provided and his application is received in the United States Veterans' Bureau within twelve months after the passage of this Act : Provided, That the said director shall establish a register, and applications made hereunder shall be entered therein as of the actual date of receipt, in the order of receipt in the Veterans' Bureau, and such register shall be conclusive as to date of receipt of any application filed under this Act. The term " World War," as used herein, is defined as including the period from April 6, 1917, to July 2, 1921. NICHOLAS LONGWORTH Speak er of the Hou se of Represen tatives. CHARLES G. DAWES Vice President of the United States and President of the Senate. IN THE SENATE OF THE UNITED STATES May 3 (calendar day May 24), 1928 The Senate having proceeded, in pursuance of the Constitution, to reconsider the bill (S . 777) entitled "An Act making eligible for retirement, under certain conditions, officers and former officers of the A rmy, Navy, an d Marine Corps of the Unite d States, oth er than offic ers of the Re gular Army, Na vy, or Marine Corps, who i ncurred physical disability in line of duty while in the service of the United States during the World War," returned to the Senate by the President of the United States, with his objections thereto, with the message of the President returning the bill; and Resolved, That the bill do pass, two-thirds of the Senate agreeing to pass the same. Attest EDWIN P. THAYER Secretary. IN THE HOUS E OF REPR ESENT ATIVE S, UN ITED STATE S May 24, 1928 PassagebytheHouse The House having roceeded, in pursuance of the Constitution, of Representatives. to reconsider the bill S. 777) entitled "An Act making eligible for retirement, under certain conditions, officers and former officers of the Arm y, Navy, and Marine Corps of the United States, other than officer s of the Regu lar Army, Navy, or Marine C orps, who incu rred physical disability in line of duty while in the service of the United States during the World War," returned by the President of the United States to the Senate, in which it originated, with his objec- tions, and passed by the Senate on a reconsideration of the same, it was Reso lved, That the bill pass, two-thirds of the Representatives present having voted in the affirmative . Attest WM. TYLER PAGE Clerk.

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 SEVENTIETH CONGRESS. SESs. I. CHS.736,737,741. 1928. 737 CHAP. 736 .-Joint Resolution Authorizing the Secretary of War to receive, May 24 1928 . for instruc tion at the Unit ed States Milita ry Academy at We st Point, two [l3. J . Res.40.] Siamese subjects, to be designated hereafter by the Government of Siam. [P ub . Res ., No.52.] Resolved b y the Senate and House of Representatives of the United Military Academy. States of America in Congress assembled, That the Secret ary o f War Adm issi on of two y Siamese subjects to, be, and he is hereby, authorized to permit two Siamese subjects, to be authorized. designated hereafter by the Government of Siam, to receive instruc- tion at the Un ited States Military Acade my at West Point : Pro- Provisos. vided, That no expense shall be caused to the United States thereby, pen e . aovernment ex- and that the said Siamese subjects shall agree to comply with all Conditions. regulations for the police and discipline of the academy, to be st udio us, and to give th eir utm ost effo rts to acco mpl ish the cou rses in the various departments of instruction, and that the said Siamese subjects shall not be admitted to the academy until they shall have passed the mental and physical examinations prescribed for candi- dates from the United States, and that t hey s hall be imm ediat ely withdrawn if deficient in studies or in conduct and so recommended by the academic board : And provided further, That in the case of R.Ss and . ees .13 2,13 21, the said Siamese subjects the provisions of sections 1320 and 1321 of P- 227. the Revised Statutes shall be suspended. Appr oved , May 24, 1928 . subjects, to be designated hereafter by the Government of China. Resolved by the Senate and House o f Representati ves o f the United States of America in Congress assembled, That the Secretary Admission ion ca df mt o ofWarbe,andheis hereby, authorized to permit two Chinese sub- Chinese subjects to, jects, to be desig nated herea fter by the Gove rnmen t of C hina, to authorized. receive instruction at the United States Military Academy at West Point : Pro vided , That no expense shall be caused to the United No Government ex. States thereby, and that the said Chinese subjects shall agree to com- pense. ply with all regulations for the police and discipline of the academy, Con diti ons. to be studious, and to give their utmost efforts to accomplish the cou rses in the vari ous depa rtments of instr uction, and that the sai d Ch inese subjects shall not be admi tted t o the acad emy un til t hey shall have passed the mental and physical examinations prescribed for candidates from the United States, and that they shall be im- mediately withdrawn if deficient in studies or in conduc t and so recommended by the academic board : And provided urther, That Oath ,sees. and 1320C1321, in the case of the said Chinese subjects the provisions of sections 1320 p-227. and 1321 of the Revised Statutes shall be suspended. Appr oved , May 24, 1928 . May 25, 1928. [S. 3867.]	CHAP. 741 .-An Act To provide for the extension of the time of certain [Public, No. 507.] mini ng lea ses of the coa l and asphalt deposi ts in the seg regated minera l land of the Choct aw and Chickasa w Nations, and t o permit an exten sion of time to the purchasers of the coal and asphalt deposits within the segregated mineral lands of the said nations to complete payments of the purchase price, and for other purposes. Be it enacted by the Senate and Hou se of Representatives of the United States o f America in Congress assembled, That the Secretary asC oet- as Chick - of the Interior be, and hereby is, authorized, in his discretion and lands. under such rules, regulations, terms, and conditions as he may pre- I Extension of existing ases of. scribe, to extend to September 25, 1932, existing developed mining leases of the segregated coal and asphalt lands and deposits of the May 24, 1928. CHAP. 737.-Joint Resolution Authorizing the Secretary of War to receive, .J.Res.o. 553 [P ub . Res., No. for instru ction a t the U nited States Militar y Acad emy at West Po int, tw o Chin ese

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Page:United States Statutes at Large Volume 45 Part 1.djvu/789

 738 SEVENTIETH CONGRESS. SEss. I. Cu. 741 . 1928 . Choctaw and Chickasaw Nations which by their terms would expire App lS03 s prior to that date : Provided, That application is made by the owners pplicat ions to be made • of the leases for such extension of time : And provided further, That must Ali be paid . due no lease shall be extended until the owner of such lease shall have paid all royalties due thereunder. Authorization for sale SEC . 2 . That the Act of Congress approved February 8, 1918 of o its . and asphalt deposits. (Fortieth Statutes at Large, page 433), as amended and modified Vol.40,p . 433, amend- ed, by the Act of Congress approved February 22, 1921 (Forty-first Vol.41,p. 1107 . Statutes at Large, page 1107), authorizing the sale of the leased and unleased coal and asphalt deposits in the segregated mineral land of the Choctaw and Chickasaw Nations, Oklahoma, be, and the same Pu rc has ers to pay is hereby, amended and modified as follows Within so da ys all 11 That the purchasers of any coal or asphalt deposits in the segre- balances due from gated mineral land of the Choctaw and Chickasaw Nations heretofore them. sold to them are hereby required to pay, within sixty days from the approval of this Act, to the superintendent of the Five Civilized Tribes Agency, or such other official as the Secretary may designate, for the benefit of the Choctaw and Chickasaw Nations, all balances PTOUl303. of principal and interest due from said purchasers on the purchase Discret ionary eaten - price : Provided, That in any case, upon application of the purchaser sion pe rmitted. and showing made by him in support thereof, the Secretary of the Interior may, in his discretion and under such rules, regulations, terms, and conditions as he may prescribe, extend to such purchaser the time within which the purchaser may pay the balances of princi- Time limited. pal and interest due from him : Provided, however, That the time so allowed shall not in any case extend beyond the period of four years Monthl y install- from the date of the approval of this Act : And provided further, mments required. That said purchaser shall be required to pay in equal monthly install- ments, during the extended perio ds, the balan ces of princi pal and security for pay- interest due from him : Provided further, That each purchaser, before meats t o be furnish ed. allowing an extension, shall furnish the Secretary of the Interior secur ity for payme nt of the amou nts due under such extensi on, and upon application and showing made by said purchaser, the Secretary of the Interior may allow such purchaser to pay said balances in Forfeitures of all rights on failure to pay quarterly or semiannual installments : Provided further, That upon an installment in one failure of any purchaser to pay any installment within one month month after becomi ng due. after the same becomes due under the terms of the time extension, the Secretary of the interior is hereby authorized to and shall declare the sale of the coal and asphalt deposits forfeited and canceled in accord- ance with the term s and conditio ns under whic h the sale wa s made, and, upon such forfeiture and cancellation, all amounts paid by such Notification to repre- purchaser, principal and interest, shall become the property of the sentatives of Chicks- tribes. It is herein further provided that when application is made sa ws and Choctaws of by any purchaser for extension of time within which to make pay- applications for eten- sions of time. ment of deferred installments of the purchase price and interest thereon, and before action is taken thereon by the Secretary of the Interior under the provisions of this Act, the governor of the -Chicka- saw Nation and the principal chief of the Choctaw Nation, or other legal representatives of said Indian nations, shall be notified thereof and afforded an opportunity to be heard or to file a written statement Po sse ssi on to be taken of all expired, of their views in the case : Provided, That if any developed coal forfeited, etc., leased or asphalt lease shall expire and the owner of the lease shall not deposits' apply for the renewal thereof, or if the sale of any developed coal or asphalt lease shall be declared forfeited and canceled, the Secre- tary of the Interior is hereby authorized to take possession of said leased deposits and lease the same until September 25, 1932, or take whatever steps may be necessary to preserve and protect such propert y ." Appro ved, M ay 25, 1928.

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Page:United States Statutes at Large Volume 45 Part 1.djvu/790

 SEVENTIETH CONGRESS. SEss. I. Cxs. 742, 743. 1928. CHAP. 742 .-An Act Authorizing surveys and investigations to determine the best methods and means of utilizing the waters of the Gi la River and its trib utaries above the Sa n Carlos Reservoir i n New Mexico and Ari zona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and em powered to make all necessary surveys and investigations to ascertain the best methods and means of utilizing the waters of the Gila River and its tribu- taries above the San Carlos Reservoir for irrigation and other pur- pose s in the S tates of New M exico and Ariz ona. The Secretary of the Interior is further authorized and empowered to prepare plans and make estim ates of t he co st of con struc ting dams, can als, and other works necessary for the utilization of such waters. SEC. 2 . That there is hereby authorized to be appropriated for this purpose a sum of not to exceed $12,500 from any money in the reclamation fund : Provided, however, That the appropriation herein authorized shall not be available unless or until contributions of equal amounts shall have been provided from local sources. Approved, May 25, 1928. 739 May 25, 1928. [H. R. 10786 .] [Public No. 508 .] Gila Rive r. Survey, etc., to de- termine methods of using, and tributaries above San Carlos Res- ervoir, for irrigation in New Mexico and Ari- zona. Prepa ratio n of plan s, estimates, etc. Sum authorized from reclamation fund. Proviso. Equ al amount from local sources. May 25, 1928. CHAP. 743 .-An Act To authorize the Secretary of the Interior to transfer 	[s. 1661 .] the Okanogan project, in the State of Wa shington, to the Oka nogan irrigation district upon payment of charges stated. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to contract with the Okanogan irriga tion d istric t for the tr ansfer of the contr ol of the Ok anogan project, in the State of Washington, constructed pursuant to the Act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and Acts amendatory thereof or supplementary thereto, known as the reclamation law, upon the district agreeing to pay to the United States in discharge of all obligations the sum of $10,000 per annum for the period of thirty-one consecutive years, beginning with the year 1928 such installments to be due on December 1 of each year and bear interest at the rate of 6 per centum per annum after due. Upon such payments being completed, the said Secretary is author- ized to convey to the dist rict all the righ t, title, and inte rest of t he United States in and to said Okanogan project. SEC. 2 . The Secretary is authorized to assign to the district all claims that the United States now holds under contracts with water users and others owning land outside the boundaries of the said district, or owning land within the boundaries of said district but not consenting expressly or impliedly to the modifications in their water-right contracts necessary to conform to the terms of said proposed contract between the United States and the Okanogan irrigation district. During the irrigation season of 1928, prior to the execution of such contract with the Okanogan irrigation district, the district may, at its own expense, operate the canals and other works of the Okano gan pr oject for th e deliv ery of water to th e wate r users thereunder, and during such irrigation season may deliver water regardless of the restrictions now imposed by the reclamation law relating to delinquency in payment of charges. SEC. 3. The contract between the United States and the said district shall reserve to the United States the power to resume control of said project at any time when necessary to shut off water to enforce payme nt of the an nual i nstall ments provide d for in the first secti on hereof. [Public, No. 609.] Okanogan irrigation project, Wa sh. Transfer authorized of, to Okanogan irriga- tion distr ict. Vol.32,p.388. Yearly pay ments. Up on completion of payments all rights transferred. Assi gnme nt of Fed - eral claims under con- tracts. Operation during ir- rigation season of 1928. Power reserved to resume control to en- force payments .

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Page:United States Statutes at Large Volume 45 Part 1.djvu/791

 740 SEVENTIETH CONGRESS. SEss. I. CH. 743, 744 . 1928 . suCon rol C oal nst re- The Secretary of the Interior is directed to resume control and me nt not paid before shut off water to enforce payment whenever any such annual install- March 1 after due. ment is not paid on or before March 1 after due. Approved, May 25, 1928. May 25,1928. CHAP. 744 .-An Act Authorizing the State of Indiana, acting by and through [li2No .] the State highway commission, to construct, main tain, and opera te a toll bridg e [Publ ic, No . 510 .] across the Wabash River, at or near Vincennes, Indiana. Be it enacted by the Senate and House o f Representatives o f the Wabash River . United States o f America in Congress assembled, That in orde r to Indiana may bridge, at Vi ncennes. promote interstate commerce, improve the Postal Service, and pro- vide for military and other purposes, the State of Indiana, acting by and through the State highway commission, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Wabash River, at a point suitable to Construction, the interests of navigation, at or near Vincennes, Indiana, in accord- Vol.34,p. 84. ance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Right to acquire real SEC. 2. There is hereby conferred upon the State of Indiana, acting estate, etc ., for location, approaches, e tc. by and through the State highway commission, 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, con- struction, maintenance, and operation 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 ceCond emnation p ro- 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. Tolls authorized . SEC. 3 . The said State of Indiana, acting by and through the State highway commission, 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 Vol.34,p.85. authority contained in the Act of March 23, 1906. Rates a pplied to op ' SEC. 4. In fixing the rates of toll to be charged for the use of such eration, sinking fund, bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operat- ing the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize an amount not to exceed the cost of such bridge and its approaches as soon as possi- ble under reasonable charges, but within a period of not to exceed Maint enance as a ten years from the completion thereof. After a sinking fund suffi- free bridge after amcr' being c osts. co nstr ucti ng cient to pay an amount not to exceed the cost of constructing the bridge and its approaches shall have been so provided, such bridge Record of expendi . shall thereafter be maintained and operated free of tolls. An accu- tures and receipts. rate record of the cost of the bridge and its approaches, the expendi- tures for maintaining, repairing, and operating the same, and of daily tolls collected shall be kept and shall be available for the infor- mation of all persons interested. Vol. 43, p t. 945 repealed. re- Vo SEC. 5 . The Act of C ongress appro ved February 1 3, 1925, auth or- pealed. izing the States of Indiana and Illinois to construct a bridge over the Wabash River at Vincennes, Indiana, is hereby repealed. Amendment. SEC. 6. The rig ht to alter, amend, or repe al this Act i s hereby expressly reserved. Approved, May 25, 1928.

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Page:United States Statutes at Large Volume 45 Part 1.djvu/792

 SEVENTIETH CONGRESS. SEss. I. CH. 745. 1928 . 741 CHAP. 745 .-An Act Authorizing the New Cumberland Bridge Company, May 25, 1928 . its successors and assigns, to construct, maintain, and operate a bridge across -[H-R_-5 475 .] the Ohio River a t or near New Cum berland, `Vest V irginia. [Public, No. 511 .] Be it enacted by the Senate and House of Representatives o f the United States o f America in Congress assembled, That in order to NOhio ew R iver . Cumberland facilitate interstate commerce, improve the postal service, and pro- Bridge Company may vide for military and other purposes, the New Cumberland Bridge bridge, New cum- Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navi- gati on, a t or near the city of Ne w Cu mberl and, Nest Virg inia, in Construction. accordance with the provisions of the Act entitled "An Act to Vol. 34, p. 84 regu late the c onstr ucti on of brid ges over navig able wate rs," ap- proved March 23, 19 06, an d subj ect to the co nditio ns and limit ations contai ned in this Act. SEC. 2 . There is hereby co nferred upon the New Cumberland Right to acquire real estate, etc., for loca- Bridge Company, its successors and assigns, all such rights and tion, appr oach es, e tc. powers to ent er upo n land s and to acq uire, c ondemn, occu py, po ssess, and us e real estat e and other proper ty need ed for the l ocatio n, con - struction, 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 whic h such real estate or ot her pr operty is sit uated, upon making just compensation therefor, to be ascertained and paid according to condemnation pro . the laws of such State, and the proceedings therefor shall be the ceedings. same as in the condemnation or expropriation of property for public purposes in such State. SEC. 3. The said New Cumberland Bridge Company, its successors Tolls authorized. and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority Vol.34,p.85. contained in the Act of March 23, 19'06. SEC. 4. After the completion of such bridge as determined by the Acquisition - ized, after completion aut hor. , Secretary of War, either the State of Nest Virginia, the State of by West Virginia, Ohio, any public agency or political subdivision of either of such Ohio, etc. States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, condemnation pro. ceedings. by purchase or by condemnation or expropria tion, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropria- compensation if ac- tion. If at any time after the expiration of twenty years after the quired by condemna- completion of such bridge the same is acquired by condemnation or "o n- 'expropriation, the amount of damages or compensation to be allowed shall n ot inc lude g ood wi ll, go ing va lue, or prosp ective reven ues or Limit atio ns. 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- structi ng the bridg e and its ap proach es and acquir ing su ch int erests in real property, and (4) actual expenditures for necessary im- provements . Tolls und er s tate, SEC . 5 . If such bridge shall be taken over or acquired by the etc ., operation. 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 erat ion ,Ra tes applied fu nd, ation, sinking f un d, adjusted as to provide a fund sufficient to pay for the reasonable etc• cost of maintaining, repairing, and operating the bridge and its

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Page:United States Statutes at Large Volume 45 Part 1.djvu/793

 742 SEVENTIETH CONGRESS. SEss. I. Cxs. 745, 746. 1928. approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor including reason- able interest and financing cost, as soon as possible under reason- Maintenance as free able charges, but within a period of not to exceed twenty years bridge, etc ., after amor- from the date of acquiring the same. After a sinking fund suffi- tizmg costs. cient for such amortization shall have been so provided, such bridge shall therea fter be maint ained and ope rated 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, re- Record of expendi- pair, and operation of the bridge and its approaches under economi- tures and rece ipts. cal management. An accurate record of the amount paid for acquir- ing 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 informa- Sworn statement of tion o f all p ersons intere sted. construction costs, etc ., to be filed after comple- SEC. 6. The said New Cumberland Bridge Company, its succes- tion. sors 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 West Virginia and Ohio, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any inter- Examination by Sec- est in real property nece ssary therefo r, and the act ual financing retary of war. 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, investi- gate such co sts and deter mine the accu racy and the r easonableness of the costs alleged in the statement of costs so filed, and shall make a find ing of the ac tual an d reaso nable costs o f const ructin g, fina ncing, and promoting such bridge; for the purpose of such investigation the said New Cumberland Bridge Company, its successors and assigns, shall make available all of its records in connection with the Findin gs of Secretary conclusive. 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 Right to sell, etc., in a court of equity for fraud or gross mistake. con fer red. 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 New Cumberland 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 other- wise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. Amendment. SEC. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 25, 1928. May 25,7928.	[H. R. 8926.1	CHAP. 746 .-An Act Granting the consent of Congress to the State Highway [Public, No. 512 .] Commission of Arkansas to construct, maintain, and operate a bridge across Red River at or near Garland City, Arkansas. Be it enacted by the Senate and House of Representatives of the Arkansas Stat e High United States o f America in Congress assembled, That th e consent way Commission may of C ongres s is h ereby grant ed to the St ate H ighway Commi ssion bridge,at Garland City, Ark. of Arkansas to construct, maintain, and operate a bridge and Vol34, s. approaches thereto across the Red River, at a point suitable to the interests of navigation, at or near Garland City, within five miles

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Page:United States Statutes at Large Volume 45 Part 1.djvu/794

 SEVENTIETH CONGRESS. SESS. I. CHs. 746-748 . 1928 . 743 of the bridge of the Saint Louis, Southwestern Railway Company, in accordance wit h the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906 . Tolls a pplied to op - SEC. 2. If tolls are charged for the use of the bridge constructed eration, ori g inal cost, under authority of this Act, the State Highway Commission of etc. Arkansas may so adjust the rate of toll to be charged as to produce sufficient revenue to maintain, operate, and repair the bridge and repay the original co st of constructing the same, including any interest paid on borrowed money and discounts necessarily required Maintenance as free in f inancing such or iginal c onstruct ion, and shall, a fter the repay- bridge after repayment. ment thereof, operate such a bridge as a free bridge, provided that no bonds shall be issued for the building of said bridge that wi ll mature more than twenty-five years from the date of said bonds. Amend ment . SEC. 3. The right to alter, amend, or repeal this Act is hereby expressly reserved. Appr oved , May 25, 1928 . May 25, 1928. CHAP. 747.-An Act To amend section 2 of an Act approved February 14, [s. R.12676.1 1926, granting consent of Congress for the construction of a bridge across Red [Public,No .513 .] River at or near Fulton, Arkansas. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That section 2 of Red across, by Ar- an Act approved February 14, 1926, granting consent of Congress kansas, at Fulton . for the cons truction of a br idge acr oss Red River at or near Fulton, Arka nsas, sh all read as foll ows : Application ofrates of " SEC. 2 . If tolls are charged for the use of such bridge, the rates toll . of toll shall be so adjusted as to provide a fund sufficient (1) to pay Vol.44,p .4,smended . the rea so nab le co st of maintaining, repairing, and operating the bridge and its approaches; (2) the interest on borrowed mon ey necessarily required and financing charges necessarily incurred in connection with the construction of the bridge and its approaches; and (3) to provide a sinking fund sufficient to retire the bonds issued All revenues to be so and sold in connecti on with such ori ginal co nstructio n . A ll re ve nue applied . rec eived fr om the b ridge sh all be a pplied t o the fo regoing purposes, and no bonds issued in connection with the construction of the bridge and its approaches shall be made to mature later than twenty years after the date of issue thereof . "After a fund sufficient to retire such bonds in accordance with Maintenance fu nd fre e bridge, when fund to re- their provisions shall have been so provided, the bridge shall there- tire bonds provided. after be maintained and operated as a free highway bridge, upon which no tolls shall be charged. An accurate and itemized record of Record tares and receipts. the origina l cost of the br idge and its app roaches, the exp enditure s for maintaining, repairing and operating the same, the interest charges paid and the tolls charged and the daily revenues received fr om the brid ge sh all be kept by the State highway commi ssion of Arkansas, and shall be available at all reasonable times for the infor- mation of all persons interested ." Appr oved, May 25, 1928 . May 25, 1928 . CHAP. 748 .-An Act To amend section 2 of an Act approved March 12, 1928, 	[H. R. 12677.] grant ing con sent o f Congr ess for the c onstruc tion of a bri dge acr oss the Ouach ita [Public, No . 514.1 River at or near Calion, Arkansas. Be it en ac ted by the Senate and House of Representatives of the Ouachita River . United States of Ameri ca in Congress assembled, Tha t sec ti on 2 Bridge across, by Ar- of an Act approved March 12, 1928, granting consent of Congress kansas, at Calion.

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Page:United States Statutes at Large Volume 45 Part 1.djvu/795

 744 SEVENTIETH CONGRES S. SESS. I. 'Cxs. 748, 751 . 1928 . for the construction of a bridge across Ouachita River at or near Calion, Arkansas, shall read as follow : oft o Application of rates a SEc. 2 . If tolls are charged for the use of such bridge, the rates Ante, p. 308, amend. of toll shall be so adjusted as to provide a fund sufficient (1) to pay ed. the reasonable cost of maintaining, repairing and operat ing the bridge and its approaches ; (2) the interest on borrowed money neces- sarily required and financing charges necessarily incurred in connec- tion with the construction of the bridge and its approaches ; and (3) All revenue to be so to provide a sinking fund sufficient to retire the bonds issued and applied. sold in connection with such original construction. Al l reve nue received from the bridge shall be applied to the foregoing purposes and no bonds issued in connection with the construction of the bridge and its approaches shall be made to mature later than twenty years Maintenance as free after the date of issue thereof. bridge, wben fund to re- "After a fund sufficient to retire such bonds in accordance with tire bonds provided . their provisions shall have been so provided, the bridge shall there- after be maintained and operated as a free highway bridge, upon Record of receipts. expendi- tures and receipts which no tolls shall be charged . An accurate and itemized record of the original cost of the bridge, and its approaches, the expenditures for maintaining, repairing and operating the same, the interest charges paid and the tolls charged and the daily revenues received from the bridge shall be kept by the State Highway Commission of Arkansas, and shall be available at all reasonable times for the infor- ma tion of all pers ons inte rested ." Approved, May 25, 1928. May . 80 [H. R 5898 .] CHAP. 751 .-An Act To authorize certain officers of the United States [Public, No. 515.] Army, Navy, and Marine Corps to accept such decorations, orders, and medals as have been tendered them by foreign governments in appreciation of services re ndered. Decorations tendered Be it enacted by the Senate and House of Representatives of the by foreign governments United States of America in Congress assembled, That the following- to designated officers of Army, Navy, and ma- named officers of the United States Army, Navy, and Marine Corps tine Corps, may be as- ar e hereby authori zed to a ccept su ch decor ations, orders, and meda ls ac- cepte d. as have ben tendered them by foreign governments in appreciation of services rendered j List of Navy offic ers . United States Navy : Vice Admiral G. H. Burrage, Rear Admiral H. P. Jones, Rear Admiral P. Andrews, Rear Admiral C. F. Hughes, Rear Admiral T. P. Magrud er, Re ar Adm iral W. C. Cole, Rear Admiral J. H. Dayton, Rear Admiral Louis M. Nulton, Rear Admiral Y. Stirling, junior, Rear Admiral Thomas Washington, Rear Admi- ral W. L. Howard, retired, Rear Admiral H. Rodman, retired, Rear Admiral J. D. McDonald, retired, Rear Admiral T. Snowden, retired, Rear Admiral C. L. Hussey, retired, Rear Admiral A. P. Niblack, retired, Rear Admiral R. Welles, retired, Captain C. A. Abele, Cap- tain T. L. Johnson, Captain H. E. Lackey, Captain S. W. Bryant, Captain C. S. Freeman, Captain K. G. Castleman, Captain F. T. Evans, Captain H. K. Cage, Captain A. Andrew, Captain D. C. Hanrahan, retired, Captain F. B. Freyer, Captain W. F. Halsey, unior, Captain D. W. Bagley, Captain C. H. Woodward, Captain W. P. Scott, Captain H. Laning, Captain V. A. Kimberly, Captain H. L. Brinser, Captain F. D. Berrien, Captain R. D. White, Captain L. R. Leahy, Captain E. H. Durell, retired, Commander J. S. McCain, Commander G. C. Logan, Commander S. S. Kennedy, Commander R. E. Byrd, retired, Commander A. T. Church, Commander H. Delano, Commander W. L. Beck, Commander R. A. Spruance, Coin- mander A. G. Stirling, Commander W. T. Smith, Commander J. F. Shafroth, junior, Commander J. James, Commander G. H. Laird, Lieute nant C ommand er M. C ollins, Lieut enant C ommand er J. M.

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