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 112 February 16, 1928. [H. R. 7192.] [Public, No. 40.1 Ohio River. Time extended for bridging, by Beave r County, Pa. Vol. 44, p. 132. Vol. 44, p. 1269. Amendmen t. February 16, 1928. [H_ R.6959.] [Public, No. 41 .1 Caney Fork River . Bridge acr oss , by De Kalb County, Tenn., legalized. Cons tructi on. Vol .34,p.84 . Amendment. February 16, 1928. [H. R.6514.] [Public, No. 42 .1 Little Cal um et River. Cook County, Ill ., may bridge, at Indiana Avenue. Construction. Vol.34,p.84. Amendment. SEVENTIETH CONGRESS. SEss. I. CHs. 66-68 . 1928. CHAP. 66 . -An Act T o extend th e times f or commen cing and completin g the construction of a bridge across the Ohio River between the municipalities of Rochester and Monaca, Beaver County, Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the times for commencing and completing the construction of the bridge to be built by the County of Beaver, Pennsylvania, across the Ohio River between the municipalities of Rochester and Monaca, Beaver County, Pennsylvania, authorized by the Act of Congress approved February 26, 1926, entitled "An Act authorizing the construction of a bridge across the Ohio River between the municipalities of Rochester and Monaca, Beaver County, Pennsylvania," and amended by the Act of Congress approved March 2, 1927, are hereby extended one and three years, respectively, from the date of approval hereof. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. CHAP. 67.-An Act To legalize a bridge across the Caney Fork River in De Kalb Cou nty, Tenn essee. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That the free bridge now being constructed by the county of De Kalb, State of Tennessee, across the Caney Fork River at the head of Hurricane Island, in said State, if completed in accordance with plans accepted by the Chief of Engineers and the Secretary of War as providing sui table facili ties f or nav igatio n, sha ll be a lawfu l stru cture, and shall be subject to the conditions and limitations of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23 1906, other than those requiring the approval of plans by the Secretary of War and the Chief of Engineers before the bridge is commenced. SEC. 2. The right to alter, amend, or repeal this act is hereby expr essly reserv ed. Approved, February 16, 1928. CHAP. 68 .-An Act Granting the consent of Congress to the county of Coo k, S ta te o f Illinois, to c onstruct, maintain, and operate a bridge across the Little Calumet River at or near Indiana Avenue, in Cook County, State of Illinois. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the consent of Congress is hereby granted to the county of Cook, State of Illinois, to construct, maintain, and operate a free highway bridge and approaches thereto across Little Calumet River at a point suit- able to the interests of navigation at or near Indiana Avenue just north of the line of One hundred and fifty-fourth Street in said county and State, in accordance with the provisions of the Act entitled "An act to regulate the construction of bridges over navi- gable waters," approved March 23, 1906. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928.

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 SEVENTIETH CONGRESS. SESS. I. CHs. 69-72 . 1928 . CHAP. 69 .-An Act Granting the consent of Congress to the county of Cook, S ta te of Illinois, to construct, maintain, and operate a bridge across the Little Calumet River at or near Ashland Avenue, in Cook County, State of Illinois. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the conse nt of Congre ss is her eby grant ed to the county o f Cook, S tate of I llinois, to construct, maintain, and operate a free highway bridge and approaches thereto across Little Calumet River at a point suitable to the interests of navigation at or near Ashland Avenue, in said county and State, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over naviga- ble waters," approved March 23, 1906. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. 113 Feb ruar y 16, 1928 . [11. R. 6513.] [Public, No. 43 .] Little Calumet River. Cook County , Ill ., may bridge, at Ash- land Avenue. Construction. Vol.34, p.84. Am endment. February 16, 1928. CHAP. 70.-An Act Granting the consent of Congress to the county of Cook,	[H. R. 6512 .] S ta te o f Illinois, to c onstruct, maintain, and operate a bridge across the Little [Public, No. 44.] Calumet River at or near Wentworth Avenue, in Cook County, State of Illinois. Be it enacted by the Senate and House of Representatives of the Unit ed St ates of Am eric a in Congr ess assem bled, That the c onsen t of Congre ss is her eby grant ed to the county o f Cook, S tate of I llinois, to construct, maintain, and operate a free highway bridge and approaches thereto across Little Calumet River at a point suitable to the interests of navigation at or near the line of Wentworth Avenue extended, in said county and State, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. S EC. 2 . The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 16, 1928. Little Ca lumet River. Cook County, Ill ., ma y bridge, at Went- worth Avenue. Construction. Vol.34, p.84. Am endment. February 16, 1928. CHAP. 71 .-An Act To extend the times for commencing and completing 	[H. R. 6479 .] the construction of a bridge across the Susquehanna River between the borough [Public, No. 45.] of Wrightsville, in York County, Pennsylvania, and the borough of Columbia, in Lancaster County, Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the times for commenc ing an d comp leting the c onstru ction of the bridge autho rized by the Act of Congress approved May 7, 1926, to be built across the Susquehanna River between the borough of Wrightsville, in York County, Pennsylvania, and the borough of Columbia, in Lancaster ed. County, Pennsylvania, are hereby extende d one and three years, respectively, from the date of approval hereof. SEC. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. Susquehanna River . T ime extended for bridging, between Wrigh tsvi lle, and Co- lumbia, Pa. Vol. 44, p. 406, amend- Am endment . Febr uary 16,1 928. CHAP. 72 .-An Act Granting the consent of Congress to the States of 	[H. R . 108.] North Dakota and Minnesota to construct, maintain, and operate a bridge across the Red River of th e North. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of [Public, No. 46.] Red River of the North.

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 114 SEVENTIETH CONGRESS. SEss. I. CHs. 72-75. 1928 . North Dak ota and Minnesota may bridge, between Grand Forks, N. Dak ., and East Grand Forks, Minn . Construction. Vol.34,p.84 . Amendmen t. Congress is hereby granted to the States of North Dakota and Minnesota to construct, maintain, and operate a free bridge across the Red River of the North at a point suitable to the interests of navigation between Grand Forks, North Dakota, and East Grand Forks, Minnesota, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expres sly re served. Approved, February 16, 1928. February 16, 1928 . [H.R. 6046.1 CHAP. 73.-An Act Granting the consent of Congress to the city of Youngs- [Public, No. 47.] town, Ohio, to construct a bridge across the Mahoning River at or near West Avenue, Youngstown, Mahoning County, Ohio. Be it enacted by the Senate and House of Representatives of the You ngs ta wn Mahoning , O River Unit ed S tates of A meri ca in Cong ress asse mbled , Tha t the con sent may bridge, at west of Congress be, and it is hereby, granted to the city of Youngstown, Avenue. Ohio, to construct, maintain, and operate a free bridge,- together with the necessary approaches thereto, across the Mahoning River at a point suitable to the interests of navigation, at or near West Avenue, Construction. Youngstown, Mahoning County, Ohio, in accordance with the pro- Vol.34,p.84. visions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. Amendment. SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. February 16, 1928. [H. R. 6041.] CHAP. 74 .-An Act Granting the consent of Congress to The Pennsylvania [Public, No. 48 .] Railroad Company to construct, maintain, and operate a railroad bridge across the Allegheny River. Be it enacted by the Senate and House of Representatives of the Allegheny River. The Pennsylvania United States of America in Congress assembled, That the conse nt Railroad Com pany of Congress is hereby granted to The Pennsylvania Railroad Com- may bridge, at Oil City, Pa. pany, its successors and assigns, to construct, maintain, and operate a railroad bridge and approaches thereto across the Allegheny River at a point suitable to the interests of navigation, at Oil City, county of Venan go, St ate of Penns ylvani a, in accorda nce wi th the provi sions Vol.34,p184. of an Act entitled "An Act to regulate the construction of bridges .Post, p. 1321 . over navigable waters," approved March 23, 1906. Right to sell, etc ., conferred. SEC. 2. The right, to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to The Pennsylvania Railroad Company, its successors and assigns, and any corporation to which such rights, powers, and privileges may be sold, assigned, or transferred, or which shall require the same by mortgage foreclosure or otherwise is hereby authorized to exercise the same as fully as though conferred herein directly upon Amend ment. such corporation. SEC. 3 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. February 16, 1928 . [H. R . 6744.] CHAP. 75 .-An Act Granting the consent of Congress for the reconstruc- [Publ ic, No. 49 .] tion of a bridge across the Gr and Calumet River at East Chicago, Indian a. Be it enacted by the Senate and House o f Representatives o f the Grand Calumet United States of America in Congress assembled, That the consent River.

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 SEVENTIETH CONGRESS. SESS. I. CHs. 75-77 . 1928 . 115 of Congress is hereby granted to the board of commissioners of the Lake County, Ind ., county of Lake, State r of India na, to re const ruct, mai ntain, an d Chsago, bridge,. at East operate a free bridge across the Grand Calumet River, at a point suitable to the interests of navigation, at or near Forsythe Avenue in the city of East Chicago, Lake County, Indiana, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906 . SEC. 2 . The right to alter, amend, or repeal this Act is hereby exp ressly reser ved. Approved, February 16, 1928. CHAP. 76 .-An Act Granting the consent of Congress to re build and re- construct and to maintain and operate the existing railroad bridge across the Tombigbee River, at Epes, in the State of Alabama. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Cong ress is hereby grant ed to the Alabama Gr eat Southern Railroad Company, a corporation of the State of Alabama, its suc- cessors and assigns, to rebuild, reconstruct, maintain, and operate its existing railroad bridge and approaches thereto across the Tombigbee River from Epes, in Sumter County, in the State of Alabama, to a point on the opposite bank of the said river in Greene County, in the State of Alabama, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 2 . The right to sel l, ass ign, t ransfe r, and mortga ge all the rights, powers, and privileges conferred by this Act is hereby granted to the Alabama Great Southern Railroad Company, a corporation of the State of Alabama, its successors and assigns; and any corpora- tion to which such rights, powers, and privileges may be sold, assigned, or transferred, or which shall acquire the same by mortgage foreclosure or otherwise is hereby authorized to exercise the same as fully as though conferred herein directly upon such corporation. SEC. 3. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. CHAP. 77 .-An Act To extend the time for commencing and the time for completing the construction of a bridge across the Potomac River. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the time for com mencin g and the ti me for compl eting the con struct ion of a bri dge, authorized by the Act of Congress approved May 5, 1926, to be built across the Potomac River at a point suitable to the interests of navigation from a point in the vicinity of Dahlgren, in the north- eastern end of King George County,t, in the State of Virginia, to a point south of Popes Creek, in the bounty of Charles, in the State of Maryland, are hereby extended one and three years, respectively, from the date of approval hereof. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. Construction. Vol .34,p . 84. Amend ment . February 16, 1928. [H. R.5638.] [Public, No. 50.] Tombigbee River. Alabama Great Southern Railroad Company may rebuild, etc., bridge across, at Epes, Ala. Construction. Vol.34,p.84. Right to sell, etc ., conferred. Amend ment. February 16, 1928 . [H. R.5628.] [Public, No. 51 .] Poto mac River. Time extended for bridging, from Dahl- gren, Va., to Popes Creek, Md. Vol.44, p.398, amend- ed. Post, p. 1322. Amen dment.

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 116 SEVENTIETH CONGRESS. SEss. I. CHs. 78, 79. 1928 . February 16, 1928. CHAP. 78.-An Act Granting the consent of Congress to the Kansas City, [11. R. 5583.] Mexico and Orient Railway Company of Texas and the Kansas City, Mexico [Public, No. 52.] and Orient Railway Company to construct, maintain, and operate a railroad bridge across the Rio Grande River, at or near Presidio, Texas. Be it enacted by the Senate and House of Representatives of the Kansa s Ci ty Mexico Kansas United States o f America in Congress assembled, That the consent and Orient Railway of Congress is hereby granted to the Kansas City, Mexico and Orient Company may bridge, Railway Company of Texas, a corporation organized under the laws between Ojinaga, Mexico and Presidio, Tea of the State of Texas, and the Kansas City, Mexico and Orient Railway Company, a corporation organized under the laws of the State of Kansas, their successors and assigns, to construct, maintain, and operate a railroad bridge and approaches thereto across the Rio Grande River, so far as the United States has jurisdiction over the waters of such river, at a point suitable to the interests of navigation between Ojinaga (formerly known as "Presidio Del Norte"), on the Rio Grande, on the Mexican side thereof, and a point in the State of Texas, in the county of Presidio, at or near the construction. town called " Pr es id io " in the State of Texas, in accordan ce with Consent of 4 Mexico the provisions of an Act entitled "An Act to regulate the construc- required . tion of bridges over navigable waters," approved March 23, 19 06, and subject to the approval of the proper authorities in Mexico. conferred to sell, etc ., SEC. 2. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the Kansas City, Mexico and Orient Railway Company of Texas and the Kansas City, Mexico and Orient Railway Company, their successors and assigns, and any corporation to which such rights, powers, and privileges may be sold, assigned, or transferred, or which shall ac quire the sam e by mortgage foreclosure o r otherwise is hereby auth orized to exe rcise the sam e as fully as though con- ferred herein directly upon such corporation. Am endment. SEC. 3 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. February 16, 1928. CHAP. 79 .-An Act Granting the consent of Congress to the city of Duluth, [a .R. 55105]	Minnesota, to construct, maintain, and operate a bridge across the Duluth [Public, No. 53 .] Ship Canal. Be it enacted by the Senate and Home of Representatives of the Du luth Canal. Duluth, Minn ., may United States o f America in Congress assembled, That the consent of bridge . p 3 Congress is hereby granted to the city of Duluth, Minnesota, to con- struct, maintain, and operate a free bridge and approaches thereto across the Duluth Ship Canal, at or near the site of the existing suspended car transfer, or aerial ferry constructed under an Act of Construction. Congress dated February 7, 1902, in accordance with the provisions vol. 34, p. 84. of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and for that pur- pose to locate the towers and ap proaches of s aid structure on the lands of the United States pertaining to the said canal, as now occu- pied under a certain revocable license issued by the Secretary of War to the city of Duluth, Minnesota, under date of September 6, 1901, structural, etc ., now on file in the War Department : Provided, That the city of changes to be made by Duluth, Minnesota, shall make any changes in the said structure, and any changes in the towers and approaches located on said lands of the United States, which the Secretary of War may from time to time prescribe. Amendme nt. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928.

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 SEVENTIETH CONGRESS. SESS. I. Cns. 80-82 . 1928 . 117 CHAP. 80.-An Act Granting the consent of Con gress to the county of Armstrong, a county of the State of Pennsylvania, to construct, maintain, and operate a bridge across the Allegheny River, at Kittanning, in the county of Armstro ng, in the State of Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the conse nt of Congress is hereby granted to the county of Armstrong, a county of the State of Pennsylvania, and its successors and assigns, to con- struct, maintain, and operate a free bridge and approaches thereto across the Allegheny River, at a point suitable to the interests of navigation, at or near Market Street, in the Borough of Kittanning, county of Armstrong, in the State of Pennsylvania, in accordance with the provisions of the Act entitled "An Act to regulate the con- struction of bridges over navigable waters," approved March 23, 1906. SEc. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928. February 16, 1928. [H. R . 495.1 [Public, No. 54 .] Allegheny River. Arms trong Count y, Pa ., may bridge, at K ittan ning. Construction. Vol.34,p. 84. Post, p. 1254 . Amen dment. CHAP. 81 .-An Act To extend the times for commencing and completin g	Feb [H. R. 1 44 4] 192 8 . the construction of a bridge across the Missouri River at or near Wolf Point, [public, No. 55.] Mo ntana. Be it enacted by the Senate and House of Representatives of t he United States o f America in Congress assembled, That the times for Mis souri River. Ti me extended for commencing and completing the construction of the bridge across the bridging, at Wolf Point, Missouri River at or near Wolf Point, Montana, as authorized by the Act of Congress entitled "An Act granting the consent of Vol. 44, p . 976, amend. Congress to the State of Montana, or Roosevelt County, or McCone ed . County, in the State of Montana, or either or several of them, to c onst ruct, ma inta in, and oper ate a br idge acr oss the Miss ouri Riv er at or near Wolf Point, Montana," approved January 15, 1927, be, and the same are hereby, extended one year and three years, Proziso respectively, from the date of approval hereof : Provided, That the Location modifica. construction of the bridge authorized by the said Act of Congress lion authorized. may be in township 27 north, range 47 east, or township 27 north, range 48 east, Montana meridian. SEc. 2 . The right to alter, amend, or repeal this Act is hereby Am endment. expressly reserved. Approved, February 16, 1928. CHAP. 82 .-An Act To legalize a bridge 16, 192 8 across the Snake River at Idaho [ February R . 319.1 . Falls, Idaho. [Public, No. 56.] Be it enacted by the Senate and House of Representatives of the Snake River. United States o f America in Congress as sembled, That the bridge Bridge acr oss, by now being constructed across the Snake River at Idaho Falls, Idaho Idaho, at Idaho Falls, being > > legalized. by the State o f Idaho, if c ompleted in a ccordance with plans ac- cepted by the Chief of Engineers and the Secretary of War, as pro- viding suitable facilities for navigation and operated as a free bridge, construction . shall be a lawful structure, and shall be subject to the conditions and Vol. 34, p. 84. limitations of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, other than those requiring the approval of plans by the Secretary of War and the Chief of Engineers before the bridge is commenced. SF-c. 2 . The right to alter, amend, or repeal this Act is hereby ex- pre ss ly Amendment. reserved. Approved, February 16, 1928.

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 118 SEVENTIETH CONGRESS. SEss. I. Cris. 83-85 . 1928 . February is, 1928. CHAP. 83 .-An Act Granting the con sent of Congress to the State of [H. R. 199.] Minnesota to construct, maintain, and operate a bridge across the Mississippi [Public, No. 57 .] River at or near Monticello, Wright County, Minnesota. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the consent of Congress is hereby granted to the State of Minnesota to construct, maintain, and operate a free bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of n avigation. a t or near the to wn of Montice llo, Minnesota, in acco rdance ' with the provisions of an act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 2. The right to alter, amend, or repeal this Act is hereby ex- pressly reserved. Approved, February 16, 1928. Mississippi River. Minn esota may bridge, at Monticello. Construction . Vol.34,p.84. Amendment. February 16, CHAP. 84 .-An Act Granting the consent of Congress to the county of [II. R.194.1 [Public, No. 58.] Morrison, State of Minnesota, to construct, maintain, and operate a bridge across the Mississippi River at or near Little Falls, Minnesota. Mississippi River. Be it enacted by the Senate and House of Representatives of the Morrison Count y , United States o f America in Congress assembled, That the consent Minn ., may bridge, at Little Falls . of Cong ress is hereb y granted to t he county of Morrison, Stat e of Minnesota, its successors and assigns, to construct, maintain, and operate a free highway bridge and approaches thereto across the Miss issippi River at a p oint su itable to the intere sts of naviga tion, a t or near Little Falls, Minnesota, in accordance with the provisions of an act entitled "An Act to regulate the construction of bridges over conferred . to sell, etc ., n S C. 2. Thee ri~ghtptor sell, assign, 2transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the county of Morrison, its successors and assigns, and any party to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage fore- closure, or otherwise, is hereby authorized to exercise the same as fully as though conferred herein directly upon such party . SEC. 3. The Act of Congress approved May 13, 1926, entitled " An Act granting the consent of Congress to the city of Little Falls, Min- nesota, to construct a bridge across the Mississippi River at or near the southeast corner of lot 3, section 34, township 41 north, range 32 west," is hereby repealed . SEC . 4. The right to alter, amend, or repeal this act is hereby ex- pressly reserved. Approved, February 16, 1928 . Construct ion . Vol .34,p.84. Former Act repealed . Vol .44, p. 654, repeal- ed. Amendmen t. February 16, 1928 . [H. R.193.] [Public, No. 59 .] Mississippi River . Tim e extended for bri dgi ng, at Clear- wat er, Minn. Vol . 43, p. 1302, amended. Vol.44,p. 131. Post, p . 1527. Amendment . CHAP . 85 .-An Act To extend the times for commencing and completing the construction of a bridge across the Mississippi River at or near the village of Clearwater, Minnesota . Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the times for commencing and completing the construction of a bridge authorized by the Act of Congress approved March 4, 1925, to be built by the State of Minnesota and the counties of Sherburne and Wright across the Mississippi River at or near the village of Clearwater in the county of Wright, in the State of Minnesota, are hereby extended one and three years, respectively, from the date of approval hereof. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 16, 1928.

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 SEVENTIETH CONGRESS. SEss. I. CH. 86. 1928 . 119 CHAP. 86.-An Act Authorizing the Ashland Bridge Company, its sue- February 16, 1928. cessars an d assigns, to constr uct, maintain, and o perate a bridge across the [H . R.473.] Ohio River at or near Ashland, Kentucky. [Public, No. 60 .] Be it enacted by the Senate and Home o f Representatives o f the United States o f American in Congress assembled, That in order Ohio River. to facilitate interstate commerce, improve the postal service, and c Ashland Bridge may bridge, pr ovide for mili tary and o ther purp oses, the Ashl and B ridge Com - at Ashland, Ky. pany, 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 naviga- tion, at or near the city limits of Ashland, Kentucky, and a point opposite in Coal Grove, Ohio, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges Vol.34,p.`84. 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 Ashla nd Br idge Com- estate, etc ., for location, pany, its successors and assigns, all such rights and powers to enter approaches, etc. upon lands and to acquire, condemn, occupy, possess, and use real es tate and other prop erty need ed fo r the loc ation, con struc tion , operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensa- tion therefor ., to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the Condemnation p ro- c ondem natio n or expr opria tion of p roper ty fo r pu blic purpo ses in ceeamgs. such State. SEC. 3 . The said Ashland Bridge Company, its successors and Tolls authorized_ assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained Vol.34, p . 85. in the Act of March 23, 1906. Acquisition author- SEC. 4. After the completion of such bridge, as determined by i zed, afte r com pleti on, the Secretary of War, either the State of Kentucky, the State of et, Kentucky, Ohio, Ohio, any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its ap proach es, an d any intere st in real p roperty neces sary t herefo r, by p urcha se or by conde mnati on or exp ropri ation, in acco rdanc e wi th the laws of either of such States governing the acquisition of private compensation if ac. property for public purposes by condemnation or expropriation .If quir es by conde mna- at any time after the expiration of twenty years after the completion tion. of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing Li mita tions. such bridge and its approaches, less a reasonable deduction for actual depreciation in value, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improvements . ete ol ll lss, under State, SEC. 5 . If such bridge shall be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of the m, as pro vided in section 4 of this Act, and if tolls are there after Rates applied to op- charged for the use thereof, the rates of toll shall be so adjusted as eration, sinking fund, to provide a fund suf ficient t o pay for the reas onable co st of mai ntain- etc ' ing, re pairing, and operati ng the bridge and it s approaches

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 120 SEVENTIETH CONGRESS. SEss. I. CHs. 86, 87. 1928. under economical management, and to provide a sinking fund suffi- cient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under reasonable Maintenance as free charges, but within a period of not to exceed twenty years from the bridge, etc ., after date of acquiring the same. After a sinking fund sufficient for amortizing costs. such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and Record of expendi- operation of the bridge and its approaches under economical manage- tures and receipts. ment. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of all persons Sworn statement of int erested. t onbefiled costs, et to aft er co- SEc . 6 . The Ashland Bridge Company, its successors and assigns, pi eti on, 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 Kentucky and Ohio, a sworn itemized statement show- ing the actual original cost of constructing the bridge and its ap- pro aches, the a ctual cost o f acqu iring any int erest in rea l prop erty Investigation b y Sec- necessary therefor, and the actual financing and promotion costs. retary of war. The Secretary of War may, and upon request of the highway depart- ment of either of such States shall, at any time within three years after the completion of such bridge investigate such costs and deter- mine 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 reasonble costs of constructing, financing, and promoting such bridge ; for the purpose of such investigation the said Ashland Br idge C ompany, its succes sors a nd ass igns, s hall m ake av ailabl e all Fi nding s of Secr etar y of its records in connection with the construction, financing, and conclus ive, promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridg e shal l be c onclus ive fo r the purpose s ment ioned in sec tion 4 of this Act, subject only to review in a court of equity for fraud Ri ght to sell, etc« or gross mistake. conferred. SEC. 7 . The right to se ll, as sign, transf er, and mortg age al l the rights, powers, and privileges conferred by this Act is hereby granted to the Ashland 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 ac quire the same by m ortga ge f orecl osure or other wise, is h ereb y authorized and empowered to exercise the same as fully as though co nferre d here in dir ectly upon s uch co rporati on or person. SEc. 8 . The right to alter, amend, or repeal this Act is hereby exp ressly reser ved. Approved, February 16, 1928. Amend ment. February 16, 1928. [H.J. Res.104.] [Pub. Res., No .9.1 Lake Champlain. Cons ent given New York and Vermont for cre atio n of Lake Champlain Bridge Commission to con- struct bridges across. CHAP. 87.-Joint Resolution Granting consent of Congress to an agreement or compact entered into between the State of New York and the State of Ver- mont for the creation of the Lake Champlain Bridge Commission and to con- struct, maintain, and operate a highway bridge across Lake Champlain. Resolved by the Senate and House o f Representatives o f the United States of America in Congress assembled, That the conse nt of the Co ngress of the Unit ed States be, and it is he reby, giv en to the States of New York and Vermont to enter into the agreement or compact executed by the commissioners duly appointed on the part of the State of New York and commissioners duly appointed on the part of

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 SEVENTIETH CONGRESS. SEss. I. Ca. 87. 1928 . 121 the State of Vermont for the creation of the Lake Champlain Bridge Commission, pursuant to authority of chapter 321 of the Laws of 1927 of the State of New York, and the authority of act numbered 139 of the acts and resolutions passed by the General Assembly of the State of Vermont at the biennial session, 1927, and each and every part and article t hereof be, and the same is hereby, r atified, approved, and confirmed : Provided, That nothing therein contained shall be Proviso. Federal jurisdiction construed as impairing or in any manner affecting any right or not impaired. jurisdi ction of the Unite d Stat es in and ove r the region which forms the subject of said agreement ; which agreement is in words and figures as follows Now, therefore, the said States of New York and Vermont do a greement. hereby enter into the following agreement, to wit ARTICLE I The two States do agree that there shall be created the Lake Champlain Bridge Commission, which shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated, and such other and additional powers as shall be conferred upon it by the legislature of either State, concurred in by the legis lature of the othe r State, or by Act or Acts of Congre ss, as hereinafter provided. ARTICLE II The Lake Champlain Bridge Commission shall consist of six c ommis sione rs, three of w hom s hall be r eside nt v oters from the State of New York and residents of a county of New York adjoin- ing Lake Champlain, and three of whom shall be residents of the State of Vermont. The New York members shall be chosen by the State of New York and the Vermont members shall be chosen by the State of Vermont, in the manner and for the terms fixed and determined from time to time by the legislature of each State, respectively. Each commissioner may be removed or suspended from office as provided by the law of the State for which he shall be appointed. AR TI CLE III The said commissioners shall, for the purpose of doing business, co nstitu te a b oard a nd may adopt suita ble by- laws f or its manag e- ment. AR TI CLE IV The Lake Champlain Bridge Commission shall constitute a body, both corporate and politic, with full power and authority to pu rchase, cons truct, own, mainta in, an d opera te a h ighway bridg e, including approaches, across Lake Champlain between the State of New York and the State of Vermont, and to make charges for the use thereof, and for any of such purposes to purchase, take, own, hold, and operate real or personal property, to borrow money, and secure the same by bonds or by mortgages upon any property held or acquired by it. The members of the commission shall each receive as compensa- tion for their services the sum of $10 a day for each day's service performed and, in addition, all necessary expenses incurred in the performance of their duties, to be paid from the funds of the said Lake Champlain Bridge Commission.

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 122 SEVENTIETH CONGRESS. SEss. I. Cii, 87. 1928 . Agreement-Contd. ARTICLE V The Lake Champlain Bridge Commission shall have such addi- tional powers and duties as m ay hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either State, concurred in' by the legislature of the other. Unless and until otherwise provided, it shall make an annual report to the governor of each State, setting forth in detail the operations and transactions conducted by it pursuant to this agreement, and any legislation thereunder, and which said report shall be submitted by the governor to the respective legislatures. The Lake Champlain Bridge Commission shall not pledge the credit of either State, except by and with the authority of the legislatu re thereo f. AR TICL E VI Each member of the Lake Champlain Bridge Commission, before en tering up on his du ties, sha ll take a nd subsc ribe the constitut ional oath of office, which oath shall be filed in the office of the secretary of state of the State from which said commissioner is appointed. . The Lake Champlain Bridge Commission shall elect from its number a chairman and a vice chairman, and may appoint a secretary and treasurer, who need not be members of the commis- sion, and such employees as it may require in the performance of it s duties, and shal l fix and determin e their qualifica tions, du ties, and compensation. It shall adopt a seal and keep in well-bound books a record of all its meetings and proceedings, certificates, contracts, surety bonds, and corporate accounts, and shall maintain a suitable office where its maps, plans, documents, records and accounts shall be kept, sub ject t o publ ic ins pectio n at s uch ti mes and under such regula - tions as the commission shall determine. ARTICLE VII Unless and until the revenues from operations conducted by the Lake Ch amplain Bridge Commi ssion are adequate t o meet all expenditures, the legislatures of the two States shall appropriate for the administrative expenses such sum or sums as shall be necessary and shall be recommended by the Lake Champlain Bridge Commission and approved by the governors of the two States in the following ratio, to wit : The State of New York shall appro- priate 60 per centum thereof and the State of Vermont shall appropriate 40 per centum thereof. And unless and until other- wise determined by the action of the legislatures of the two States, the Lake Champlain Bridge Commission shall not incur any obligations for salaries, office, and other administrative expenses within the provisions of this article prior to the making of the appropriations by both States adequate to meet the same. ARTICLE VIII Unless and until otherwise determined by the action of the legislatures of the two States, no action of the Lake Champlain Bridge Commission shall be binding, unless taken at a meeting at which at least two members of each State are present, and unless four votes are cast therefor, two from each State.

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 SEVENTIETH CONGRESS. SESS. I. Ca. 87. 1928 . 123 54835•-29-PT 1	 12 ARTICLE IX The Lake Champlain Bridge Commission is hereby authorized to ma ke sui table rules and re gulati ons for the c ontrol of tr affic across the bridge herein provided for, not inconsistent with the Constitution of the United States or of either State, and subject to the exercise of the power of Congress which, when concurred in or authorized by the legislatures of both States, shall be binding and effective upon all persons and corporations affected thereby. ARTICLE X The two States shall provide penalties for violation of any order, rule, or regulation of the Lake Champlain Bridge Commis- sion and for the manner of enforcing the same. ARTICLE XI The commissioners of the two States shall have the power to apply to the Congress of the United States or any department of the United States for consent and approval of this agreement, and the bridge to be constructed thereunder by the Lake Champlain Bridge Commission pursuant to law or in the absence of such consent of Congress or of such department of the Federal Govern- ment, and until the same shall have been secured, this agreement shall be binding upon the State of New York, when ratified by it, and upon the State of Vermont, when ratified by it, provided, however, that such consent shall be obtained within three years from the date hereof. ARTICLE XII The two States hereby agree that there shall be constructed a highway bridge between the State of New York and the State of Vermont as speedily as possible between a point heretofore selected by the aforesaid joint legislative committee and commission at Crown Point, in the county of Essex, and in the State of New York, and a point so selected near Chimney Point, in the town of Addison, in the State of Vermont. Such bridge shall be built according to the plans and specifications of the Lake Champlain Bridge Commission, as approved by such duly constituted Federal authority as by law may be required. The State of New York agrees to pay the entire cost of all highway approaches to said bridge in the State of New York, and the State of Vermont agrees to pay the entire cost of all highway approaches to said bridge in the State of Vermont. ARTICLE XIII If, for the construction of said bridge, including approaches, it shall become necessary to acquire lands, rights, or property, and the Lake Champlain Bridge Commission shall be unable to purchase the same upon terms which they deem reasonable, then, and in such case, the Lake Champlain Bridge Commission may take, by right of eminent domain, lands, rights, and property necessary for the proper construction of said bridge and approaches thereto. In the State of Vermont, for the taking of such lands, rights, and property, the said commission shall have the same rights, powers, and duties as are vested in the selectmen of towns for the taking of land for highway purposes, and the provisions of chapter 191 of the General Laws of the State of Vermont, with amendments thereto, are hereby made applicable to all proceedings hereunder. Agreement-Contd. Ante, p. 62 .

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 124 SEVENTIETH CONGRESS. SESS. I. Cii. 87 . 1928 . Agreement-Contd. In the State of New York, if, for any of the purposes provided herein, the Lake Champlain Bridge Commission shall find it necessary or convenient to acquire any real property in this State, then such Lake Champlain Bridge Commission may find and determine that such real property is required for a public use, and upon such due determination the said property shall be and shall be deemed to be required for such public use. Such real property may be acquired by such commission by gift or purchase or, in the event that such real property can not be so acquired, it may be acquired under the provisions of the condemnation law. If it shall be necessary for the commission to set apart, out of any funds available therefor, any sum or sums to create a fund t o be used for makin g com pensa tion to o wners of real prope rty, or of any interest therein to be acquired for the purposes of this ag reemen t, suc h fund shall be cr eated within the St ate wh ere su ch real property or interest therein is located, and shall not be used for any other purpose until such compensation has been duly made according to the law of the State wherein such real property or interest therein is located. The fund so created shall be deposited with the custodian authorized by law to receive and hold the same. ARTICLE XIV The State of New York agrees to provide and make available in the year 1927 the sum of $120,000 toward the cost of the con- struction of such bridge, and the State of Vermont agrees to provide and make available in the year 1927 the sum of $80,000 toward the cost of the construction of such bridge. Such funds shall be available for all costs incidental to the construction of the said bridge, but no part of such fund shall be used by the com- mission except for expenses of preparing specifications until this agreement also be ratified by the Congress of the United States. No part of the said sum mentioned in this Article shall be payable by either State, unless the other State shall have made available to the Lake Champlain Bridge Commission the sum herein agreed to be made payable, the intent hereof being that each State shall cause to be paid over or made available to the Lake Champlain Bridge Commission, at such time as may be necessary, the sum herein set forth as an advance to the Lake Champlain Bridge Commission by the respective States for use in the construction of said bridge. ARTICLE XV Upon the completion of the bridge, pursuant to this agreement, the Lake Champlain Bridge Commission shall cause the boundary line between the two States on said bridge to be appropriately m arked and indi cated. ARTICLE XVI All accounts of the Lake Champlain Bridge Commission shall be audited jointly by the comptroller of the State of New York and the auditor of accounts of the State of Vermont and the report of such audit shall accompany the annual reports of said Lake Champla in Bridge Commission. ARTICLE XV II The balance of the money needed for the construction of the said bridge shall be raised by the Lake Champlain Bridge Com- mission on its own obligations secured by the pledge of the prop-

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 SEVENTIETH CONGRESS. SEss. I. CH. 87. 1928 . 125 erty owned by said commission and the revenues and tolls arising out of the use of the said bridge. As security for obligations so issued, and the moneys so appropriated, such property and such revenues and tolls arising out of the use of the said bridge shall be pledged as hereinafter provided to the repayment of the entire issue of bo nds an d othe r secu rities for th e cons tructi on the reof, together with the interest and the repayment of the moneys paid over by the States, it being the declared policy of the States that the bridge, so far as the payment of bonds or other securities issued for the construction thereof, together with the repayment of the moneys advanced by the States, shall in all respects be self- sustai ning ; and the Lake Ch amplain Bridge Commi ssion shall charge and maintain revenues and tolls for the use of the said bridge until all bonds and other securities issued for the construc- tion thereof shall have been paid, and until the moneys so as aforesaid advanced by the States of New York and Vermont shall have been repaid, with interest at the rate of 4 per centum per annum. The obligation for moneys so raised by the Lake Champlain Bridge Commi ssion on its own o bligat ions' f or the const ructio n of the sai d brid ge and purpo ses in cident al ther eto sh all co nstitu te a lien up on the prope rty ow ned by said commiss ion, a nd the reven ues and tol ls the refrom, in a ccorda nce wi th the terms upon w hich s uch moneys are raised, and any right or claim of the States, including that ar ising out of this agreem ent, s hall be subor dinate d to s uch li en. Th e Lake Champlain Bri dge Commission shall, however, pay into the State treasury of each State annually out of the revenues and tolls from the bridge a sum equal to 4 per centum upon the unpaid balance of the amount actually advanced to the Lake Champlain Bridge Commission by each State hereunder as interest for that year, together with at least 2 per centum of the principal of such advance, until the whole sum so advanced is repaid to the States, with accrued interest, provided that the Lake Champlain Bridge Commission shall not make such payments until it shall have accumulated a reserve fund, and only so long as and for the years in which it maintains such reserve fund equal to 10 per centum of its own obligations issued in relation to or for the con- structi on of such b ridge, over and ab ove the sums requir ed by the terms of such obligations to be set aside for amortization or a sinking fund, and unless in said year the tolls or revenues from the said bridge after the payment of all expenses for operation and maintenance are sufficient to satisfy the interest and other contrac tual r equire ments of sai d obli gations : A nd provided fur- th er, That su ch pay ments shall not be made into th e Stat e trea sury of either State unless there shall be available under the same con- ditions sufficient money to make payment on similar terms to the other State, and that if there exists such surplus revenue, but insuffi cient to mak e comp lete p ayment on suc h term s or c onditi ons both to the States of New York and Vermont, then such surplus revenue shall be prorated in accordance with the respective unpaid balances of the advances made under the acts of the two States and such prorated sum shall be paid into the State treasury of each State in place and stead of the amount above provided, to be applied, firs t, upo n inte rest a ccrued and un paid, if any upon the interest for the current year and the balance, if any, in reduction of the principal. Ag ree ment -Co ntd ,
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 126 SEVENTIETH CONGRESS. SEss. I. Cg. 87. 1928 . Agreement-Contd. ART ICLE XV III The States of New York and Vermont do hereby pledge themselves, and it is hereby agreed with those subscribing to the obligations issued by the Lake Champlain Bridge Commission for the construction of such bridge and incidental purposes, that the States will not authorize the construction or maintenance of any other highway crossing for vehicular traffic over Lake Cham- plain between the two States in competition with the said bridge, nor will it limit or alter the rights vested in the Lake Champlain Bridge Commission to establish and levy such charges and tolls it may deem convenient and necessary to produce ,sufficient revenue to meet the expenses of maintenance and operation and to fulfill the terms of the obligations assumed by it in relation to such bridge until the said obligations, together with interest thereon, are fully met and discharged : Provided, That such crossings shall be consid ered a s comp etitiv e with such bridge only i f they shall form a highway connection for vehicular traffic between the two States across Lake Champlain within a distance of twenty-five miles from such bridge. The provisions of this article, when approved by the two States, shall constitute an agreement between the two States for the benefit of those lending money to the Lake Champlain Bridge Commission for the construction of such bridge, and the Lake Champlain Bridge Commission may include in the bonds or other evidences of its obligations issued by it for the construction of the said bridge, or incidental purposes, such part of this agreement as shall seem proper as evidence of the foregoing agreement made by the two States with the holders of the said bonds or oth er obl igatio ns. ARTI CLE X IX The States agree that the construction of the said bridge herein authorized be by contract to be executed as follows The Lake Champlain Bridge Commission shall advertise for proposals for the construction of such bridge according to the plans, spec ificat ions, and es timate approv ed by it the refor. T h e adver tiseme nt sha ll be limite d to a brief descri ption of the work proposed to be done, with an announcement stating where the maps, plans, specifications, and estimate may be seen, the terms and conditions under which proposals will be received, the time and place where the same shall be opened, and such other matters as the Lake Champlain Bridge Commission may deem advisable to include therein. Such advertisement shall be published at least once in each week for two successive weeks in such newspapers as the Lake Champlain Bridge Commission may designate. Each proposal shall specify the gross sum for which the work will be performed, and shall also include the amount to be charged for each item specified in the estimate. The Lake Champlain Bridge Com mission may prescribe and furnish forms f or the submission of such proposals, which shall be sealed, and may prescribe the manner of submitting the same, which shall not be inconsistent herewith. Accompanying each proposal there shall be a draft or certified check for 3 per centum of the amount of the gross sum bid, which check, in case such proposal be accepted, shall be retained by the Lake Champlain Bridge Commission until the contract, and the bond hereinafter provided for, shall have been duly execut ed, wh ereupo n such check shall be ret urned to the bidder. In case the bidder, to whom the contract shall be awarded, shall fail to execute such contract and bond, the money represented by such draft or certified check shall be regarded as liquidated

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text: Dictionary of National Biography, 1885-1900/Vaughan, William (1752-1850)


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 SEVENTIETH CONGRESS. SEss. I. Cri. 87. 1928. 127 damages, and shall be forfeited to the Lake Champlain Bridge Commission. The proposals, when opened, shall be subject at all reason able t imes t o publ ic ins pectio n, and at the time of ope ning shall be pub licly read, and co nspicu ously p osted in suc h a ma nner as to in dicate th e several items of the pro posal. The contract for the construction of such bridge shall be awarded to the lowest responsible bidder, except that no contract shall be awarded at a greater sum than that required in the estimate made for such construc tion in a ccordance with th e plans a nd specif ications as approved. The lowest bid shall be deemed to be that which specifically states the lowest gross sum for which the entire work will be performed, including all the items specified in the estimate theref or. If no p roposa l othe rwise accept able i s made within the e stimat e accompanying the plans and specifications, the Lake Champlain Bridge Commission may cause the estimate to be amended. The Lake Champlain Bridge Commission may reject any or all propo sals, and ma y adve rtise for ne w propo sals a s abov e prov ided, if, in their opinion, the best interests of the States will thereby be promoted. The Lake Champlain Bridge Commission shall prescribe the form of contr acts and may i nclud e the rein such matt ers as th ey may deem adva ntage ous to th e Sta tes. The contractor, before entering into a contract for such construction, shall execute a bond in the form prescribed by the Lake Champlain Bridge Commission, with sufficient sureties, to be ap proved by the Lake C hamplai n Brid ge Comm ission, conditioned that he will perform the work in accordance with the terms of the contract and with the plans and specifications, and that he will commence and complete the work within the time prescribed in the contract. The bond shall also provide against any direct or indirect damages that shall be suffered or claimed on account of such construction during the time thereof and until such bridge is accepted. The contract may provide for partial payment to an amount not exceeding 90 per centum of the value of the work done. Ten per centum of the contract price, where a bond approved by the Lake Champlain Bridge Commission is given, shall be retained until the entire work has been completed and accepted. All conti ngenc ies a risi ng du ring the prose cutio n of the work shall be provided for to the satisfaction of the Lake Champlain Bridge Commission, and as may be agreed upon in the original or by a supplemental contract executed by the commission ; the amount to be expended shall not exceed the original estimate, unless such estimate shall have been duly amended by the com- mission. If a supplemental contract be executed by the Lake Champlain Bridge Commission for the performance of work or furnishing of material not provided for in the original contract, the amount to be charged thereunder for any such work or material shall not exceed the rate for which similar work or material was agreed to be performed or furnished under the original bid upon which the contract was awarded. ARTICLE XX The construction, maintenance, and operation of said bridge is in all respects for the benefit of the people of the two States, for the increase of their commerce and prosperity, and for the im- provement of their health and living conditions, and the Lake Agre eme nt-C ont d.

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 128 SEVENTIETH CONGRESS. SEss. I. CH. 87. 1928 . Agreement-Contd. Amendment, etc. Champlain Bridge Commission shall be regarded as performing a governmental function in undertaking the said construction, main tena nce, and ope rati on, and in c arry ing out the prov isio ns o f law relating to the said bridge, and shall be required to pay no taxes or assessments upon any of the property acquired by it for the construction, operation, and maintenance of such bridge, and the interest of either State in any tolls collected under this article shall be free from any State, county, municipal, or local taxation whatsoever in the other State. The obligations which may be issued by the Lake Champlain Bridge Commission for the construction of the bridge mentioned herein, or incidental thereto, shall be exempt from taxation and are to be leg al sec urities in whi ch all public office rs and bodies of each State and of its municipal subdivisions, all insurance com- panies and associations, all savings banks and savings institutions, including savi ngs loan asso ciations, exe cutors, admini strators, guardians, trustees, and all other fiduciaries in each State may properly and legally invest the funds within their control. ARTICLE XXI It is the declared purpose of ea ch of the con tracting part ies that this bridge will eventually be a free bridge, and to that end it is agreed that after the payment of all the obligations which may be issued against the bridge and the tolls and revenues thereof, and the State of New York and the State of Vermont shall have been fully repaid for any and all moneys that may have been advanced by them, together with all interest thereon, the Legisla- tures of the State of New York and the State of Vermont, subject to the approval of the governor of each State, by concurrent legislation, shall provide the method and procedure for the future operation, maintenance, and control of said bridge. In witness whereof we have signed this compact or agreement by and under the authority of chapter 321 of the Laws of 1927 of the State of New York, and by and under the authority of act 139 of the acts and resolutions passed by the General Assembly of the State of Vermont at the twenty-ninth biennial session, 1927, this 11th day of May, 1927. As commissioners upon the part of the State of New York : MORTIMER Y. FERRIS. HAR RY E. OWEN. Roy LOCKWOOD. ALBERT OTTINGER, Attorney General of the State of New York. As comm issioners upo n the part of the State of Vermont : GEORGE Z. THOMPSON. WILLIAM R. WAR NER. CHAS. E. SCHOFF. J. WARD CARVE R, Attorney General of the State of Vermont. In the presence of : ALFRED E. SMITH. SEC. 2. The right to a lter, amend, or repeal this resolution i s hereby expressly reserved. Approved, February 16, 1928.

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 SEVENTIETH CONGRESS. Szss. I. Cii. 88. 1928. 129 CHAP. 68 .-An Act To authorize appropriations for construction at military February 18, 1928. posts, and for other purposes. [H. R.7009.] [Public, No. 61 .] Be it enacted by the Senate and House o f Representatives o f the Army United of America in Congress assembled, That there is hereby o tructionof authorized to be appropriated not to exceed $6,695,691, to be expended buildings, e tc ., author . i for the construction and installation at military posts of such tech- zed at military posts . nical buildings and utilities and appurtenances thereto as, in the judgment of the Secretary of War, may be necessary, as follows : Des ig nat ed posts, Bolling Field, District of Columbia, supply warehouse, $38,000 ; etc. administration building, $42,000 ; Chanute Field, Illinois, heating system in hangars, $5,629 ; Fort Crockett, Texas, machine shop and Post, pp . 334, 1304 . aero repair building, $19,869 ; dope and paint house and lean-to for boiler room, $10,775 ; Fort Sam Houston, Texas, macadamizing hang ar li ne an d con stru ction of s torm sewe r and sur face drain age for hangars, $3,858 ; Hawaiian Department (for the'Air Corps), steel hangar, $39,500 ; addition to radio but $6,979 ; New Primary Flying ing Field, Tex. Fl ying Post, 926 . Fiel, an ntnio, Texas, hangars, $40,00 field warehouse, $45,000 ; headquarters and operations buildings, $40,000 ; radio, parachute, and photographic buildings, and armament building, $61,000 ; school building, $40,000 ; gasoline and oil storage, $16,900 ; paint, oil, and dope storage, $5,000 ; night flying lighting sys- tem, $15,000 ; improvement of landing field, $81,000 ; New Primary s Primary Flying Flying School, San Antonio, Texas, barracks, $700,000 ; noncommis- sioned officers' quarters, $540,000 ; officers' quarters, $1,020,000 ; hos- pital, $150,000 ; magazine (for explosive), $15,000 ; quartermaster warehouse, $90,000 ; garage, $80,000 ; quartermaster maintenance building, $20,000 ; fire house, $15,000 ; guard house, $30,000 ; post exchange, $45,000 ; theater and gymnasium, $60,000 ; incinerator, $5,000 ; railroad spur tracks, $39,700 ; telephone and telegraph lines in conduit, $68,375 ; bakery, $10,000 ; chapel and school, $50,000 ; enlisted men's club, $60,000 ; officers' mess, $60,000 : Provided, That the Secre- Provisos. tary of War i s here by aut horize d, whe n direc ted by the P reside nt, to near San Anto nio site accept on behalf of the United States, free from encumbrances and without c ost to th e United States, t he title in fee si mple to s uch lands as he may deem necessary or desirable, in the vicinity of San Antonio, Texas, approximately two thousand four hundred acres, as a site for Brooks Field and an Army primary flying school and flying field : Provided further, Kelly Field, Tex t ., upon the acceptance of the lands as herein provided there is ferred. hereby authorized to be made available or a ppropriated for the construction thereon of barracks and officers' quarters and utilities and appurtenances thereto such amounts as m ay have been appro- priated or authorized for appropriation for barracks and officers' quarter s and utilit ies an d appu rtenan ces the reto a t Broo ks Fie ld and Kelly Field, Texas, pursuant to the authority contained in the Acts vet. 44, p. 1235. approved February 25, 1927 (Forty-fourth Statutes at Large, page vol.44, p. 1391. 1235), and March 3, 1927 (Forty-fourth Stat utes at Large, page 1390) : Provided further, That, upon the acceptance of the lands as Transfer of build- ings, etc ., to primary herein provided, the Secretary of War is hereby authorized to pre- flying school and field . pare the grounds and construct the necessary roadways and utilities at said primary flying school and flying field and to transfer thereto and ree stabli sh the reon s uch bu ilding s, util ities and eq uipmen t then located at Brooks Field and Kelly Field, Texas, as he may determine to be necessary and desirable : And prov ided furth er, That the Sale of Brooks Field Secretary of War be, and he is hereby authorized to sell, or cause to th and fly ori zed .. Field, an be sold, under the provisions of the Act of March 12, 1926, the tracts Post, p , . Vol. 44 9264 ' or parce ls of real p ropert y comp rising Brooks Field and K elly F ield, Texas, or any portion thereof, upon determination by him that said tracts or parcels are no longer needed for military purposes, and to execute and deliver in the name of the United States and in its
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 130 SEVENTIETH CONGRESS. SEss. I. CHs. 88, 90. 1928 . behalf any and all contracts, conveyances, or other instruments necessary to effectuate such sale and conveyance; Langley Field, Post, pp. 334, 1304. Virginia, heating plant for hangar, $6,068; Middletown Air Depot, Middletown, Pennsylvania, hangars, $79,000; concrete floors in ware- house, $38,597; San Antonio Air Depot, San Antonio, Texas, rock asphalt apron for hangars, $7,316; instrument house and engine repair and cleaning building, $6,861; Scott Field, Illinois, gas holder, $49,500; Fairfield Air Depot, Fairfield, Ohio, gasoline Post, pp. 334, 1305 . and oil tanks, $36,000; March Field, California, radio, photo- graphic and school buildings, $86,000; night-flying lighting sys- tem$15, 000; Max well Field, Al abama, han gar, $39, 500; f ield shop, 0 ,000, headquarters and operations buildings, $40,000; radio, parachute, and photographic buildings, $56,000; night-flying lighting sy st em, S 15 ,0 00; Mitchel Field, Long Island, New York, hangars, $79,000; field shop, $81,000; field warehouse, $38,000; headquarters and operations buildings, $40,000; radio, parachute, and photographic buildings, $56 .000; Selfridge Field, Michigan, hangars, $237,000; field shop, $81,000; headquarters and operations buildings, $40,000; radio and parachute buildings, $20,000; ceiling and walling hangars, $3,264; Albrook Field, Canal Zone, construction of landing field, $400,000; Fort Leavenworth, Kansas, one hangar, $40,000; field warehouse and shop, $45,000; headquarters building, $20,000; gaso- line and oil storage, $5,000; night-flying lighting system, $10,000; Walter Reed General Hospital, in the District of Columbia, for the construction of a three-story ward building, for conversion of the four th sto ry of the pr esent admini stratio n buil ding o f said hospi tal into an op eratin g suit e, inc luding the co nstruc tion of the necess ary corridors, roads, walks, grading utilities, and appurtenances thereto, Mili tary Acad emy. $ etc. 310,000; the United States Military Academy, West Point, New New cadet barracks, `.fork, for the purpose of razing the old cadet mess hall, and of Post, p. 300. preparing the plans and specifications and of excavating the ground and otherw ise pr eparin g the site f or the constr uction of a new ca det Architects author- barracks at the United States Military Academy (the total cost of ized, for plans, etc . which is not to exceed $825,000), $185,000 : Provided, That the super- intendent of the United States Military Academy, West Point, New York, with the approval of the Secretary of War, is authorized to emp loy a rchi tects to d raw the n ecess ary plans and speci fica tions -from funds herein authorized, when appropriated; Fort Benjamin Harrison, barracks and motion picture theatre, $400,000. Sch ofi eld Barracks Hawaii, and Fort Sill, There is hereby authorized to be constructed from current funds Okla. in p ossess ion of the S ecreta ry of War, 96 sets of bac helor office rs' Buildings at, author- izedfrom current funds, qua rters at Schof ield Barr acks, Hawa ii, $108, 000; a n add it io n to card building (hospital), Fort Sill, Oklahoma, $30,000. Fort Benning, Ga . Aut hor iza ti on for , The Act entitled "An Act to authorize appropriations for con- modified . stru ction at mil itary posts, and f or othe r purp oses," appro ved Ma rch vol. 44, p. 1391, 3, 19 27, is he reby amen ded so as to strik e out th e authori zation th ere- amended. i n for $500,000 for barracks at Fort Berming, Georgia, and to sub- stitu te the refor the fo llowin g : "For Fo rt B enni ng, Geor gia, ba r- racks, $300,000; to complete the hospital, $135,000; to construct nurses ' quarter s, $65,00 0 . " Approved, February 18, 1928. February 20, 1928. [H. R. 6487.] CHAP. 90 .-An Act Authorizing the Baton Rouge-Mississippi River Bridge [Public, No. 62 .] Company, its successors and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near Baton Rouge, Louisiana. Be it enacted by the Senate and House of Representatives of the Mississippi River . United States o f America in Congress assembled, That in order to

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text: Dictionary of National Biography, 1885-1900/Vaus, John


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 SEVENTIETH CONGRESS. SEss. I. CII. 90. 1928 . 131 promote interstate commerce improve the postal service and provide Baton Rouge-Missis- sippi River Bridge for military and other purposes, the Baton Rouge-Mississippi River Company may bridge, Bridge Company, its successors and assigns, be, and is hereby, author- at Baton Rouge, La. ized to c onstr uct, main tain, and oper ate a brid ge a nd ap proac hes thereto across the Mississippi River at a point suitable to the interests of navigation, at or near Baton Rouge, Louisiana, in accordance Construct ion. with the provisions of the Act entitled "An Act to regulate the Vol.34,p.84. construction of bridges over navigable waters," approved March 23, Post, p. 1093. 1906, and subject to the conditions and limitations contained in this Act. SEC. 2 . The Baton Rouge-Mississippi River Bridge Company, its Character of bridge. successors and assigns, is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a rail- road bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and j vehicles, adapted to travel on public highways, or as a combined Right to condemn railroad and hihway bridge for all such purposes ; and there is real estate, etc., for her eby conf err ed' upon the sai d Ba ton Rou ge-M issi ssip pi Rive r approaches . Bridge Company, its successors and assigns, all such rights and power s to e nter u pon la nds an d to a cquire, conde mn, oc cupy, posses s, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making ust compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. Acquisition author . SEC. 3 . After the completion of such bridge, as determined by the iz highway compl etio n, e,i n, Secretary of War, if the same is constructed as a highway bridge Louisia na, etc. only, either the State of Louisiana, any political subdivision thereof, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation, in accordance with the laws of such State governing the acquis ition of pri vate p ropert y for p ublic purpos es by condem na- Compensation if ac- tion or expropriation. If at any time after the expiration of twenty gu oinred by c onde mna- years after the completion of such bridge the same as acquired by condemnation or expropriation, the amount of damages or compen- sation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of Limitatio ' (1 ) the actual cost of con struct ing su ch brid ge and its a pproac hes, less a reasonable deduction for actual depreciation in value, (2) the act ual co st of acquir ing su ch int erests in rea l prop erty, (3) ac tual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property, and (4) actual expenditures for necessary improvements. SEc. 4. If such bridge shall at any time be taken over or acquired etc , ope rat ion . State, by the State of Louisiana or by any municipality or other political subdivision or public agency thereof, under the provisions of section 3 of this Act, and if tolls are charged for the use thereof, the rates of era ions applied t funa toll shall be so adjust ed as to provide a fund su fficient to pay fo r the etc° reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under rea-

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 132 SEVENTIETH CONGRESS. SESs. I. Cii. 90. 1928 . Maintenance as a free bridge, etc ., after amortizing costs. Record of expendi- tures and rece ipts. Purchase or condem- nation of comb ined railr oad and highw ay bri dge. Compensation. Mai ntenance of high- way bridge. Sworn statement of construction costs, etc ., to be flied after com- pletion. Investigation by the Secretary of War. Fi ndin gs of Sec re- tary conclusive. Tolls authorized. Vol .34,p.85. sonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such a mortiz ation shall have b een so provid ed, su ch bri dge sh all ther eafter be ma intain ed and opera ted fre e of t oils, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical manage- ment. An accurate record of the amount paid for acquiring the bridge and it approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons intere sted. SEC. 5. If such bridge is constructed as a combined railroad bridge for the passage of railway trains or street cars, and a highway bridge for the passage of pedestrians, animals, and vehicles, then the right of purchase and condemnation conferred by this Act shall apply to a right of way thereover for the passage without cost of person s, ani mals, and ve hicles adapt ed to t ravel on pub lic hi ghways ; 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 compensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this Act, and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. If the right of purchase or condemnation conferred by this Act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, anim als, or ve hicle s, s hall be ma inta ined, oper ated, and kept in repair by the purchaser thereof. SEC. 6 . The Baton Rouge-Mississippi River Bridge Company, its successors and assigns, shall, within ninety days after the comple- tion of such bridge, file with the Secretary of War and with the highway department of the State of Louisiana a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and at the request' of the highway depart ment o f the State of Lou isiana shall, at an y time withi n thre e years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said Baton Rouge- Mississippi River Bridge Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes men- tioned in section 3 of this Act, subject only to review in a court of equity for fr aud or gross mista ke. SEC. 7. The Baton Rouge-Mississippi River Bridge Company, its successors and assigns, is hereby authorized and empowered to fix and charge just and reasonable tolls for the passage of such bridge of pedestrians, animals, and vehicles adapted to travel on public highways, and the rates so fixed shall be the legal rates until the Secreta ry of War sh all pr escrib e othe r rates of to ll as provid ed in the Act of March 23, 1906 ; and if said bridge is constructed. a s a rail-

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 SEVENTIETH CONGRESS. SESS. I. CHS. 90, 91. 1928 . 133 road br idge, or a j oint r ailroa d and highway bridg e, as provid ed in char g es for me if railroad or combin ed this Act, the said Baton Rouge-Mississippi River Bridge Company, rai lroad and hig hwa y its successors and assigns, is hereby authorized to fix by contract oa 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 suc h purpose s, the te rms, cond itions, a nd rates of toll for such use ; but 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 provided in said Act of March 23, 1906. SEC. 8 . The right to sell, assign, transfer, and mortgage all the con erred to sell, etc., rights, powers, and privileges conferred by this Act is hereby granted to the Baton Rouge-Mississippi River Bridge Company, its suc- cessors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or ot herwi se, i s he reby autho rize d and empo wered to exerc ise t he same as fully as th ough c onferr ed her ein dir ectly upon s uch co rpora- tion or person. SEC. 9. The right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, February 20, 1928. February 20, 1928. CHAP. 91 .-An Act Authorizing the Madison Bridge Company, its sue-	[H. R. 7916.] cessors and a ssigns, to c onstruct, ma intain, and o perate a bri dge across t he Ohio [Public, No. 63 .] River at or near Mad ison, Jefferson Coun ty, Indiana. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That in order Ohio Rive r. Mad is on Bridge to facilitate interstate commerce, improve the postal service, and company may bridge, provide for military and other purposes, the Madison Bridge Com- at Madison, Ira. pany, its successors and assigns, be and is hereby authorized to cons truct, mai ntain , an d ope rate a br idge and a ppro aches ther eto across the Ohio River, at a point suitable to the interests of naviga- tion, at or near Madison, Jefferson County, Indiana, in accordance with the provisions of the Act entitled "An Act to regulate the Construction, 34, p . 84. construction of bridges over navigable waters," approved March 23, 19 06, an d subj ect to the c onditi ons and limit ations conta ined i n this Act. SEC. 2. There is hereby conferred upon the Madison Bridge Com- Right to acq uire real estate, etc., for location, pany, its successors and assigns, all such rights and powers to enter approaches, etc. upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, oper- ation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such condemnat ion pro- State, and the pr oceedi ngs th erefor shall be the same as in the co n- ceed'ngs. demnation or expropriation of property for public purposes in such State. SEC. 3. The said Madison Bridge Company, its successors and Tolls authorized. assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal Vol.34,p.85. rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. SEC. 4. After the completion of such bridge, as determined by Acquisition author- ized, after completion, the Secretary of War, either the State of Indiana, the State of by Indiana, Kentucky, Kentucky, any public agency or political subdivision of either of etc'

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 134 SEVENTIETH CONGRESS. SEss. 1. Ca. 917 1928. such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in .real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropria- Compensation if ac- tion. If at any time after the expiration of twenty years after the quired by condemna - tion. compl etion of such bridge the sa me is acquire d by condemna tion or expropriation, the amount of damages or compensation to be allowed shall n ot include go od will, going value, or pr ospective reve nues Limitations. or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduc- tion for ac tual d eprecia tion in value ; (2) t he actu al cost of ac quiring such interests in real property ; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of con- structing the bridge and its approaches and acquiring such interest in real property ; and (4) actual expenditures for necessary improvements. Tolls under state, etc ., operation. SEC. 5. If such bridge shall be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter erRates applied Tuna, charged for the use thereof, the rates of toll shall be so adjusted as etc. to provide a fund sufficient to pay for the reasonable cost of main- taining, repairing, and operating the bridge and its approaches under economical managements, and to provide a sinking fund suffi- cient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from bridge, etc ., aft er amor- Maintenance as free the date of acquiring the same. After a sinking fund sufficient tizin g costs. for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates ° of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical Record of tures and rece ipts. management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for main- taining, repairing, and operating th e same and of the daily tol ls collected, shall be kept and shall be available for the information of all person s inte rested. Sworn statement of construction costs, etc. , SEC. 6 . The Madison Brid ge Company, it s successors and assigns, to be filed after com- shall within ninety days after the com pletion of suc h bridge file pletion. with the Secretary of War and with the highway departments of the S tates of Ind iana and Ke ntucky a swo rn it emized state ment showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary th erefor, and t he actual fin ancing and pro motion costs. Investigation by Secretary of War . the The Secretar y of War may, and upon req uest of the hi ghway depart- ment of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the 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 Madison Bridge Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and Findi ngs o f Se creta ry conclusive. 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

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 SEV ENTIE TH CONGRESS. SESS. I. CHs. 91, 92 . 1928 . 135 of this Act, subject only to review in a court of equity for fraud or gross mistake. Right to sell, etc ., SEC. 7. The right to sell, assign, transfer, and mortgage all the conferred. rights, powers, and privileges conferred by this Ac t, is hereby granted to the Madison 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 sa me by mortgage foreclosure or otherwise, is hereby auth orize d and empow ered t o exe rcise the same as fully as though conferred herein directly upon such corporation or person. Am endment. SE C. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Ap prov ed, Febr uary 20, 1928 . February 20, 1925. CHAP. 92 .-An Act Auth orizin g the S istersv ille O hi o River Bridge Com- [H. R. 91ss.] pany, a corporation, its successors and assigns, to construct, maintain, and [Public, No. 64 .] operate a bridge across the Ohio River at or near Sistersville, Tyler County, West Virgi nia. Be it enacted by the Senate and House o f Representatives o f the United States o America in Congress assembled, That in order to Shit River. f Si stersville Ohio facilitate interstate commerce, improve the postal service, and provide River Bridge Com- for military and other purposes, Sistersville Ohio River 13ridge Com- panymay bridge. pany, a corporation, 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 n West Construction. of navigation, at or near the city of Sistersville, Tyler County, West vol. 34,1) .84 . Virginia, in accordance with the provisions of the Act entitled "An Post, p .1629. Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act . SEC . 2 . There is her eby c onfer red up on Si sters ville Ohio River Right to co ndemn real estate, etc., for Bridge Company, a corporation, its successors and assigns, all such location, approaches, rights and powers to enter upon lands and to acquire, condemn, e tc' occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for rail- road 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 accord- ing to t he laws of such State, a nd the p roceeding s theref or shall be the same as in t he con demna tion o r exp ropri ation of pr opert y for Condemnatio n pro- public purposes in such State. cee din SEC. 3 . The said Sistersville Ohio River Bridge Company, a corpo- Tolls auth oriz ed. ration, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the leg al rates until c hanged b y the Sec retary o f War un der Vol- 34, p e ss. the authority contained in the Act of March 23, 1906. SEC. 4. After the completion of such bridge, as determined by the Acquisition author- ized, afte r co mplet ion, Secretary of War, either the State of West Virginia, the State of Shit, Ve st Virginia, Ohio, any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and ta ke ov er all right, title, and interest in such bridge and its approach es, and any inte rest in real pro perty nec essary t herefor, by purcha se or by c ondemn ation or ex propr iatio n, in accor dance with the laws of either of such States governing the acquisition of private property for public purpose s by condemnation or exprop riation.

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I'M JACKHAMMER JOHN A JACKHAMMER MAN BORN WITH A JACKHAMMER IN MY HAND LORD LORD I GOT THEM JACKHAMMER BLUES JACKHAMMER MAN FROM A JACKHAMMER TOWN BUILT EVERY PORT FROM THE NORTH POLE DOWN LORD GODI GOT THEM JACKHAMMER BLUES

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JACKHAMMER JACKHAMMER WHERE YOU BEEN BEEN OUTTA CHASIN THEM GALS AGAIN HO HO HOWELL I GOT THEM JACKHAMMER BLUES SEE MY WOMAN WHEN THE SUN GOES DOWN GRAB MY HAMMER AND GO TO TOWN YES FOLKS I GOT THEM JACKHAMMER BLUES

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 136 SEVENTIETH CONGRESS. SEss. I. Cii. 92. 1928 . Compensation if ac- If at any time after the expiration of twenty years after the com- quired by condem na- tion. pletion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed Limitations. shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduc- tion for actual depreciation in value, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of con- structing the bridge .and its approaches and acquiring such interests in real property, and (4) actual expenditures for necessary improvements. Tol ls u nder stat e, etc ., operation. SEC. 5 . If such bridge shall be taken over or acquired by the . States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are Rates applied to op- eratiou, sinking fund, thereafter charged for the use thereof, the rates of toll shall be so et c. adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor including free bridge, Maintenance free as after a reasonable interest and financing cost, as soon as possible under amortizing cos ts, reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necess ary for the p roper maintena nce, repair, and operation of the bridge and its approaches under economi- Record of expendi- cal manag ement. An accurate record of the amount paid for acquir- tures and receipts. ing the bridge and its approaches, the actual expenditures for main- taining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons inter ested. Swo rn st atem ent of construction costs, etc ., SEC 6 . The said Sistersville Ohio River Bridge Company, a cor- to be filed after com- porat ion, it s succ essors and ass igns, shall w ithin n inety days af ter the pletion. 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 con- structing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual Secetaarty ofiW a by the financing and promotion costs. The Secretary of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, i nvestigate suc h costs and d etermine the accuracy and t h e reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of con- structing, financing, a nd promoting such bridge ; for the purpose of such investigation the said Sistersville Ohio River Bridge Com- pany, a corporation, its successors and assigns, shall make available all of its records in connection with the construction, financing, and conclusive. Findings sofSecretary Secetary promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. con Right to sell, etc ., SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred b this Act is hereby granted to the Siste rsville Ohio River Bridge Company, a cor poration, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned,

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