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 SEVENTIETH CONGRESS. SEss. I. CHs. 187-189 . 1928 . 295 of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investi- gate su ch cos ts and deter mine t he acc uracy a nd the reaso nablen ess 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 American Bridge and Ferry Company (Incorporated), its successor s and ass igns, sha ll make a vailable all of it s records in con- nection 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 con- conclusive. of Secretary elusive for t he pur poses mentio ned in sectio n 4 of this Act, s ubject 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 Act, is hereby grant ed to the Amer ican Bridg e an d Fer ry Co mpany (In corpo rated ), its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigne d, or transf erred, or wh o shal l acqui re the same by mor tgage foreclosure or otherwise, is hereby authorized and empowered to ex- ercise the same as fully as though conferred herein directly upon such corporation or person. SEC. 8 . The right to alter, amend, or repeal this Act is hereby ex- Am endment. pressly reserved. Approved, March 10, 1928. March 10, 1028. CHAP. 188 .-An Act Granting the consent of Congress to the State of Ala-	[H . R. 8896.] bama to construct, maintain, and operate a free highway bridge across the [Public, No. 142 .] Conecuh River on the Brewton-Andalusia Road in Escambia County, Alabama. Be it enacted b y the Senate and House o f Representatives o f the United States o f America in Congress assembled, That the consent A c, ~a. R y bridge, of Congress is hereby granted to the highway department of the in Escambia County. State o f Alab ama to const ruct, mainta in, and opera te a f ree hi ghway bridge and approaches thereto across the Conecuh River at a point suitable to the interests of navigation, on the Brewton-Andalusia Road in Escambia County, in the State of Alabama, in accordance construction. with the provisions of the Act entitled "An Act to regulate the con- Vol.34, p.84. struction of bridges over navigable waters," approved March 23, 1906. SEC. 2 . That the right to alter, amend, or repeal this Act is hereby Am endment . ex pressl y rese rved. Approved, March 10, 1928 March 10, 1928. CHAP. 189 .-An Act Granting the consent of Congress to the highway 	[H. R. 9064.1 department of the State of Alabama to construct, maintain, and operate a free [Public, No. 144 .] highway bridge across the C oosa River at or nea r Pell City on the P ell City- Anniston Road between Calhoun and Saint Clair Counties, Alabama. Be it enacted by the Senate and House of Representatives of Coosa Riv er. th e Unit ed Sta tes of Ameri ca in Congre ss asse mbled, Tha t the consen t Alabama may bridge, of Congress is hereby granted to the highway department of the at Pell City. State of Alabama to construct, maintain, and operate a free high- way bridg e and approa ches t hereto acros s the C oosa R iver, at a p oint suitable to the interests of navigation, at or near Pell City on the Pell City-Anniston Road between Calhoun and Saint Clair Counties ; in the State of Alabama, in accordance with the provisions of the Vol 4 4,, rp .'84. Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906.

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 296 SEVENTIETH CONGRESS. SEss. I. CHs. 189-191 . 1928 . Former Act repealed. Vol. 44, p. 221, re- pea led. Amendmen t. SEC. 2. The Act of Congress approved March 22, 1926, granting the con sent of Congr ess to the hig hway departme nt of the Stat e of Alabama to construct a bridge across the Coosa River at or near Pell City, Alabama, is hereby repealed. SEC. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1928. March 10, 1928. [FI. R.9139.] CHAP. 190 .-An Act Grant ing the co nsen t of Congress to the highway [Public, No. 145.] department of the State of Tennessee to construct, maintain, and operate a bridge across the Cumberland River on the Lafayette-Celina Road in Clay County, Tennessee. Be it enacted by the Senate and House o f Representatives o f the Cumberlan d River. United States o f America in Congress assembled, That the consent Tennessee may bri dg e, i n Cla y of Congress is hereby granted to the highway department of the Coun ty. State of Tennessee to c onstruct, mai ntain, and operate a bridge and approaches thereto across the Cumberland River, aA a point suitable to the interests of navigation, on the Lafayette-Celina Road in Clay C ounty, in the State of Tenn essee, in acc ordance with t he Constructio n. 3i`P.'84. provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. t oll pro vide for Rates of oper ati on, ti to sin k- - SEC. 2 . If tolls are charged for the use of such bridge, the rates ing fund, etc. of toll shall be so adjusted as to provide a fund sufficient to pay 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 cost of the bridge and its approache s, including r easonable int erest and financing cost, as soon as p ossible under reasonable ch arges, but wi thin a period of Maintenance as free not to exceed twenty-five years from the completion thereof. After bridge, etc ., on amor- tizing costs. a sinking fund sufficient for such amortization shall have been so provided, su ch bridge sha ll 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 Record of expendi- proper maintenance, repair, and operation of the bridge and its tures and receipts. approaches under economical management. An accurate record of the costs of the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. Amendment. S EC. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. A pprove d, Mar ch 10, 1928. Mar ch 10, 1928. [x . R. 9849.] CHAP. 191 .-An Act To extend the times for commencing and completing [Public, No. 146.] the construction of a bridge across the Mississippi River at or near Quincy, Illinois. Be it e nacted by the Senate and House of Repres entatives of the Mississippi River. United States o f America in Congress assembled, That the times for Time extend ed for bridging, by Quincy, commencing and completing t he constructi on of a bridge across the ~' Mississippi River at or near Quincy, Illinois, authorized to be built by the city of Quincy by Act of Congress approved February 1, amended. llVol. , p. 105 5 , 1927, be, and the same are hereby, extended one and three years respectively from the date of approval hereof. Am endment. S EC. 2. The right to alter, amend, or repeal this Act is hereby expressly reserve Approved, March 10, 1928.

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 SEVENTIETH CONGRESS. SESS. I. Cxs. 192-194 . 1928 . CHAP. 192 .-An Act To revive and reenact the Act entitled "An Act grant- ing the consent of Congress to the State of Illinois and the State of Iowa, or either of them, to construct a bridge across the Mississippi River, connecting the county of Carroll, Illinois, and the county of Jackson, Iowa," approved May 26, 1924 . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act approved May 26, 1924, granting the consent of Congress to the State of Illinois and the State of Iowa, or either of them, to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River at or near the city of Savanna, in the county of Carroll, State of Illinois, and the city of Sabula, in the county of Jackson, State of Iowa, be, and the same is hereby, revived and reenacted : Provided, That this Act shall be null and void unless the actual construction of the bridge herein referred to be commenced within one year and completed within three years from the date of approval hereof. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 1 0, 19 28. CHAP. 194 .-An Act Granting the consent of Congress to the New Martins- ville and Ohio River Bridge Company (Incorporated), to construct, maintain, and operate a bridge across the Ohio River, at or near New Martinsville, West Virginia. 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 New Martinsville and Ohio River Bridge Company (Incorporated), its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto acr oss the O hio River at a poi nt suitab le to the interest s of navi gation at or near New Martinsville, Wetzel County. West Virginia, in accordance with the provision of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEC. 2. There is hereby conferred upon the New Martinsville and Ohio River Bridge Company (Incorporated), its successors and ass igns, all such rig hts and p owers to enter upo n lands a nd to acq uire, condemn, occupy, possess, and use real estate and other property Mississippi River. Ti me extended for bridging, from Sa- vanna, Ill., to Sabula, Iowa. Vol.43,p. 173. Provi so. Condition. Pest, p. 1158 . Am endment. March 10, 1928. [S . 2c98 .] CHAP. 193 .-An Act Granting the consent of Congress to the State of Vermont to construct, maintain, and operate a free highway bridge across an arm of Lake Memphremagog at or near Newport, Vermont. Be it enacted b y the Senate and House of Representatives of the United States of America in Congress assembled, That the consent g fake Memphrema- of Congress is hereby granted to the State of Vermont to construct, Vermont may bridge and operate a free highway bridge and approaches thereto an arm of, at N ewport . maintain, across an arm of Lake Memphremagog, at a point suitable to the interests of navigation, at or near Newport, Vermont, 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 ex pressl y rese rved. Approved, March 10, 1928. [Public, No. 148 .] Con struction. Vol.34,p.84. Am endment. 297 March 10, 1928. [S. 2483.] [Public, No. 147 .] March 10, 1928. [S. 2801.] [Public, No. 149 .] Ohio River. New Mar tinsville an d Ohio River Bri dge Company may bridge, at N ew Martinsvi lle, W. Va. Construction. Vol.34,p .84 . Right to acquire real estate, etc ., for location, approaches, etc .

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 298 SEVENTIETH CONGRESS. SEss. I. Cii. 194. 1928 . needed for the location, construction, operation, and maintenance of such bridge and its approaches and terminals 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 acco rding to the laws of such S tate, and the Conde mnat ion pr o- cee din gs proceedings therefor shal l be the same as in the con demnation and . expropriation of property in such State. Tolls authorized. SEC. 3 . The said New Martinsville and Ohio River Bridge Com- pany (Incorporated) its successors and assigns, is hereby authorized to fix and charge toils for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary Aci.34, p.85. of War under the authority contained in the Act of March 23, 1906. cquisition author- ized, afte r co mplet ion, SEC. 4. After the completion of such bridge, as determined by the by west Virginia, Secretary of War, either the State of West Virginia, the State of Ohio, etc. Ohio, any political subdivision of either of such States, within or adjoining wh ich any part of such bridg e 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 either of such States governing the acquisition of private property for public purposes by condemnation. quire d by Compensation if condemnaac- If at any time after the expiration of twenty years after the - tfo n. completion of such bridge the same is acquired by condemnation the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall Limitations. be limited to the sum of (1 ) the actual cost of constr ucting such bridge and its approaches, less a reason able deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in real property ; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real prop- erty ; and (4) actual expenditures for necessary improvements. T olls unde r st ate, etc ., operation. SEC. 5 . If such bridge shall be taken over or acquired by the Rates applied to op- States or political subdivisions thereof as provided in section 4 of eration, sinking fund, this Act, and if tolls are charged for the use thereof, the rates of etc. toll shall be so adjusted as to provide a fund sufficient to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, to pay an adequate return on the cost thereof, and to provide a sinking fund sufficient to amortize the amount paid therefor as so on as possibl e under reaso nable charges, but within a period of not to exceed twenty years from the date of acquir- Mge, etc ., Maintenance as free ing t he s ame. After a sinking fund sufficient to pay the cost of bridgetc ., after amor- tizing costs. acquiring the bridge and its approaches shall have been provided such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to pro- vide a fund of not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its tures Record and receip ct sape ndi- approaches. An accurate record of the amount paid for acquir- ing the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and the daily tolls collected shall be kept and shall be available for the information of all per- sworn statement of sons in tereste d. construction costs, etc ., SEC. 6. The said New Martinsville and Ohio River Bridge Com- to be tried after com- pletion. pang (Incorporated), its successors and assigns, shall within ninety days after the completion o f such bridge file with the Secretary of War a swo rn ite mized state ment s howing the actual origi nal cost of constructing such bridge and its approaches, the actual cost

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 SEVENTIETH CONGRESS. SEss. I. CHs. 194-196 . 1928 . 299 of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War Investigation by Sec. may, at any time within three years after the completion of such retary of War . bridge, investigate the actual cost of constructing the same, and for such purpose the said New Martinsville and Ohio River Bridge Company (Incorporated), its successors and assigns, shall make available all of its records in connection with the financing and the construction thereof. The findings of the Secretary of War as Finconedings of Secretary lusivo. to the actual original cost of the bridge shall be conclusive, sub- j ect only to review in a court of equity for fraud or gross mistake. SEC. 7. The right to sell, assign, transfer, and mortgage all the Con medt° sell, etc ., rights, powers, and privileges conferred by this Act is hereby granted to the New Martinsville and Ohio River Bridge Company (Incorporated), its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. SEC. 8 . The right to alter, amend, or repeal this Act is hereby expres sly re served. Approved, March 10, 1928. March 10, 1928 . CHAP. 195 .-An Act To authorize appropriation s for the completion of the 	[n .R. 7008 .] transfer of the experimental and testing plant of the Air Corps to a permanent [Public, No. 150.1 site at Wright Field, Dayton, Ohio, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated not to exceed $900,000 to be expended for the completion of the transfer of the experimental and testing plant of the Air Corps to a permanent site at Wright Field, Dayton, Ohio, and the construction and installation thereon of the technical buildings and utilities and appurtenances as may be necessary. Approved, March 10, 1928. March 10, 1929. CHAP. 196 .-An Act To amend an Act entitled "An Act for the relief of	[H. R. 8293.] Indians occupying railr oad lands in Arizona, N ew Mexico, or Californi a," ap- [Public, No. 151 .] pro ved March 4, 1913 . Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That all of the provisions of an Act entitled "An Act for the relief of Indians oc- cupying railroad lands in Arizona, New Mexi co, or California," approved March 4, 1913, and amended b y the Act of April 1 1, 1916, and the Act of June 30, 1919, be, and the same are hereby, extended to March 4, 1931 : Provided, That the provisions of this Act shall apply only in cases where it is shown that the lands were actually occupied in good faith by Indians prior to March 4, 1913, and the applicants are otherwise entitled to receive such tracts, in allotment under existing law but for the grant to the railroad company. Approved, March 10, 1928. 54835°-29-PT 1-23 Amendment. Army. Amount auth orized for transferring Air Corps testing plant to Wrig ht Fie ld, Da yto n, Ohio. Post, p. 928 . Railroad grant lands. Time extended for relinquishing to In- dians, in Arizona, New Mexico, and California. Vol. 37, p.1007; Vol. 39, p.48; Vol. 41, p. 9; Vol. 42, p. 994; Vol.43, p.795. Proviso. Applicable only to Indian occupants prior to March 4, 1913.

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 300 March 10, 1928. [H. R. 9202.1 [Public, No. 152.] Military Academy. New cadet barracks at, authoriz ed. Post, p. 929 . Proviso. Employment of arch- ite cts. Ante, p. 130. Kansas. Sale of game preserve lands by. Vol.39,p . 233. Proviso. Proceeds to purchase othe r lands for game preserve. Menominee River . Con sent g iven to agreement between Wiscon sin and Mich i- gan for cons truc ting bridge across, between Marinette, Wis., and Men omine e, Mich. Post, p. 303. SEVENTIETH CONGRESS. SESS. I. CHs. 197-200 . 1928 . CHAP. 197 .-An Act To authorize construction at the United States Mili- tary Academy, West Point, New York. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That there is here- by authorized the construction of a new cadet barracks at the United States Military Academy, West Point, New York, at a total cost of not to exceed $825,000 : Provided, That the Superintendent of the United States Military Academy, West Point, New York, with the appro val of the S ecreta ry of War, i s autho rized to emp loy ar chitec ts to draw the necessary plans and specifications from funds herein auth orize d, wh en ap prop riate d. Approved, March 10, 1928 . March 10, 1928 . [s. 771.] CHAP. 198.-An Act Providing for the gift of the United States ship Dispatch [Public, No. 153 .] to the State of Florida. "Dispatch," Navy. Be it enacted by the Senate and House of Representatives of the . Gift of, to S tate of United States o f America in Congress assembled, That the Secretary Florida. of the Navy is authorized and directed to convey by gift to the State of Florida, for such time and upon such conditions as he deems advisable, for the use of the fisheries department of such State, the United States ship Dispatch, together with all her apparel, charts, books, and instruments of navigation; but no expense shall be caused the United States by the delivery of such vessel. Approved, March 10, 1928. March 10, 1928. [S. 2545.]		CHAP. 199 .-An Act To authorize the sale of certain lands near Garden City, [Public, No. 154.] Kansas. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the State of Kansas be, and it is hereby, authorized to sell all or any part of the following described land granted to said State under the provisions of the Act of Congress approved June 22, 1916, to wit : Sections 25, 26, and 35 in township 24 south, and sections 1 and 2 in township 25 south, all in range 33 west of the sixth principal meridian, notwithstanding the restrictions contained in said Act : Provided, That the proceeds of said sale shall be used to purchase land in sections 23 and 24 in township 24, range 33, and in sections 19 and 30 in township 24, range 32, all in Finney County, Kansas, to be used as a State game preserve. Approved, March 10, 1928. March 10, 1928. [H.J. Res. 177 6.] C H AP. 20 0 .-Joint Resolution G ranting consent of Co ngress to an agreeme nt [Pub. Res., No.15.] or compact entered into between the State of Wisconsin and the State of Michigan for the construction, maintenance, and operation of a highway bridge across the Menominee River. Resolved by the Senate and House of Representatives of the United States o f America in Congress assembled, That the consent of Con- gress of the United States be, and it is hereby, given to the States of Wisconsin and Michigan to enter into the agreement or compact executed by the State Highway Commissioner of the State of Wis- consin and the Highway Commission of the State of Michigan pur- suant to authority of chapter 87 of the Wisconsin statutes, and the authority of Act 354 of the Public Acts of 1925, and Special Act 98

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 SEVENTIETH CONGRESS. SESS. I. CH. 200 . 1928 . 301 of the Public Acts of 1927 of the State of Michigan : Provided That Pr oviso. Federal jjurisdiction nothing therein contained shall be construed as impairing or in any not affected. manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of said agreement ; which a greeme nt is in wor ds and figur es as f ollows AGREEME NT Agreement. MENOMINEE-MARINETTE BRIDGE AT BRIDGE STREET RELOCATION WIS- CONS IN H IGH WAY COM MISS ION WIT H MI CHI GAN STA TE H IGH WAY COMMISSIONER This agreement, executed this 14th day of January, 1927, by and between Frank F. Rogers, State Highway Commissioner of the State of Michigan with offices at Lansing, Michigan, party of the first part ; and the Wisconsin Highway Commission, with offices at Madison, Wisconsin, party of the second part Witnesseth that Whereas the existing interstate bridge, crossing the Menominee River at Bridge Street and joining the Municipalities of Mari- nette, Wisconsin, and Menominee, Michigan, is in an unsafe condition and requires early reconstruction ; and Whereas a proper plan for reconstruction involves a relocation and includes a grade separation and expensive approach fills and properly extends as a project from the center of Dunlap Square in the city of Marinette to the center line of Ogden Avenue in the city of Menominee ; and Wh ereas the Stat e bou ndary lin e, as dete rmin ed by the Unite d States Supreme Court in a late decision, lies entirely north of the proposed actual structure spanning the Menominee River, and thereby complicates the respective responsibilities of the two parties hereto both as regards construction and mainte- nance obligations. Now, therefore, It is hereby agreed 1 . That this project shall, subject to changes to be hereafter mut ually agreed upon as sig nified by jo int app roval of all sub- sequent plans and estimates, be built in accord with the prelimi- nary plans prepared by the first party and marked " Exhibit A" and approved by the second party and hereto attached and con- sidered as an integral part of this agreement, and that the det ailed pla ns and sp ecificati ons for t he projec t shall b e prepare d by the first party subject to the approval of the second party. 2. That each party shall either directly or through the respec- tive cities, townships, and counties within which the work is situated, furnish and bear the full cost of all right of way and abutting and property damages arising from or necessary to the execution of the plans as they may be finally, mutually, and jointly approved by the said parties, as applying to property situated on the side of the existing interstate boundary line sub- ject to the jurisdiction of the respective .parties hereto or the respective cities, townships, and counties within the respective States. 3 . That aside from the stipulations stated in item 2 above, the entire cost of fully executing the project shall be borne equally by the respective parties hereto and that to this end any contri- bution or assessment, to be hereafter paid by the Chicago and North Western Railway Company and/or by the Chicago, Milwaukee and Saint Paul Railway Company and/or by any other public utility company affected by the project, shall be credited equally to the shares of the parties hereto and, further,

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 302 Agreement-Contd. SEVENTIETH CONGRESS. SESS. I. CH. 200. 1928 . tha t any contrib ution or asse ssment, which may be arrang ed by either party to be paid by a county, township, or municipality within the respective States, shall be guaranteed by the respec- tive parties hereto and that all payments and transactions in the handling of the construction of this project shall be directly between the parties hereto, each of whom agrees to act as its own collecting agent in dealing with the other contributing parties in the ir res pective States. 4. All contracts shall be let jointly by the first and second pa rties hereto, who sh all jo intly c onstitu te the first party t o all such contracts and no contracts shall be let until after formal approval of awards by each party. The work of construction shall be administered under the joint supervision of the first and second parties as first party of all of the aforesaid contracts to be let under the terms of this agreement, but the second party hereto agrees that its inspection and supervision shall be admin- istered through the representatives of the first party and not through direct dealings with the contractors, and that any mat- ters of dispute in regard to the administration of the contracts sha ll be adjuste d joint ly by the bri dge eng ineers of the respec tive parties hereto. Each party may retain such engineering assist- ance in supervisin g the work as it may deem n ecessary and the cost of such engineering, including office work and administra- tion as may become necessary, shall be considered a legitimate charge to the project. Estimates to the contractor shall be paid direct by each party hereto, each in the amount of 50 per centum of the total estimated amounts due under the provisions of the specifications of the first party and as approved by the second party, all estimat es being prepa red by the fi rst party at two week intervals or thereabouts, approved by the first party and submitted to the second party for approval, the second party making payment direct to the contractor on approval of esti- mates a nd the first party likewise making payme nt to the con- tractor on receipt of copies of the estimates after being approved by the second party. Authorizations for extra work will be handled in the same manner as the original contracts. The engineering costs on this project will be considered as including expenditures made by each party prior to the date of the execu- tion of this agreement as well as all such costs subsequent thereto. 5 . The work to be covered by this agreement is further indi- cated i n an approxim ate preliminar y estimate of cost known as Exhibit B, based on Exhibit A, attached herewith and considered as an integral part of this agreement. This estimate is for preliminary budget purposes, it being agreed that the shares of the respective parties shall be based upon the actual cost of the work. 6. For the purpose of future maintenance it is hereby agreed that the first and second parties shall, upon completion of this project, each maintain that portion of the pro ,j ect (or bear the expense of doing so) which lies north and south respectively of the center of the third span measured from the north end of the river struct ure. 7. That the first and second parties shall, through their respe ctive United Stat es Sen ators and Co ngres smen f rom th e districts within which the project is situated, take the necessary steps to secure the approval of the United States Congress at the 1928 session, authorizing the construction of said project,

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 SEVENTIETH CONGRESS. SESS. I. Cns. 200, 203. 1928 . 303 and also the necessary appro val of the United States War Department. In witness whereof the parties hereto have on the clay first above written caused this agreement to be executed by their proper authorities. FOR THE STATE OF MICHIGAN, By FRANK F. ROGERS, State Highway Commissioner. FOR THE STA TE OF WISCONSIN, By WI S CO N SI N HIGHWAY COMMISSI ON, (Sig ned) C. R. WEYMOUTH, Secretary. SEAL.] Approved as to form, LINCOLN E. BRADT, Legal Adrviser. Approved December 1, 1927. ( Signe d) C. A. MELICK, Br idge Engi neer, Mich igan Stat e High way Depart ment. SEC. 2. That the right to alter, amend, or repeal this resolution is hereby expre ssly r eserve d. Appr oved, March 10, 1 928. Agreement-Contd. Amendment. March 12, 1928. CHAP. 203 .-An Act Authorizing the States of Wisconsin and Michigan to	[S. 2902.1 construct, maintain, and operate a free highway bridge across the Menominee [Public, No. 165.1 River at or ne ar Marinette, Wi sconsin. Be it enacted by the Senate and House of Representatives of the United States o America in Congress assembled, That in order to Menominee River. f Wisconsin and Mich- facilitate interstate commerce, improve the postal service, and i gan may bridge, at provide for military and other purposes, the State of Wisconsin and MAnt e, tp'30 Wis. 0 .s. the State of Michigan be, and are hereby, authorized to construct, maintain, and operate a free highway bridge and approaches thereto across the Menominee River at a point suitable to the interests of cons truetI on. navigation at or near Marinette, Wisconsin, in accordance with the vol .sa,p.s4. provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. Right to acquire real SEC. 2. There is hereby conferred upon the State of Wisconsin and estate, etc ., for location, the State of Michigan all such rights and powers to enter upon approaches, etc. lands and to acquire, condemn, occupy, possess, and use real estate and o ther p ropert y need ed for the l ocation, cons tructi on, op eratio n, and maintenance of such bridge and its approaches as are possessed by ra ilroad corpo ration s for railro ad purp oses o r by b ridge corpor a- tions for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or condem nation pr o- expro priati on of proper ty for publi c purpo ses in such State. ceedings . SEC. 3 . The right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, March 12, 1928.

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 304 SEVENTIETH CONGRESS. SEss. I. Cii. 204 . 1928 . March 12,1928. CHAP. 204 .-An Act Authorizing the Maysville Bridge Company, its suc- [H. R. 437.] cessors a nd assigns, to construct, maintain, a nd operate a bridge acro ss the Ohio [Public, No . 116.] River at or ne ar Maysville, Kentuc ky. Be it enacted by the Senate and House o f Representatives o f the Mayaysville River. Bri dge United States o f America in Congress assembled, That in order to company. may bridge, at Maysville, Ky., and facilitate interstate commerce improve the Postal Service and pro- Aberdeen, Ohio. vide for military and other purposes, the Maysville Bridge Com- pany, its successors and assigns, be and is hereby, authorized to cons truc t, ma intai n, a nd op erate a br idge and appro ache s the reto across the Ohio River, at a point suitable to the interests of naviga- Constructio n. tion, at or near Maysvi lle, K entuck y, and Aberde en, Oh io, in accor d- Vol.34,p.84. Post, p. 1430. ante with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1 906, a nd sub ject t o the condit ions an d limi tation s cont ained in this Act. Authority for rail- SEC. 2. The Maysville Bridge Company, its successors and assigns, way, highway, or com- y t, 7 bined bridge. is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and vehicles, adapted to travel on public highways, or as a combined railroad and highway Right to for location, r eal bridge for all such estate, etc ., location, urposes ; and there is hereby conferred upon approaches, etc. May sville Bridge Company, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its a pproa ches as a re po ssess ed b y rai lroad cor porat ions for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid Condemnation pro- according to the laws of such State, and the proceedings therefor ceedings. shall be the same as in the condemnation or expropriation of property Acquisition author- for public purposes in such State. ized, afte r co mplet ion, SEC. 3 . After the completion of such bridge, as determined by the by Kentucky, Ohio, etc Secretary of War, if the same is constructed as a highway bridge . only, either the State of Kentucky, the State of 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 approaches, and any interes t in r eal pr operty neces sary t herefor, by p urchas e or b y con- demnation or expropriation, in accordance with the laws of either of s uch S tates gove rnin g the acqu isit ion o f pri vate prop erty for quired Compensation by sac on if ac- public purposes by condemnation or expropriation. If at any time condemna- tion- after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall Limitations. be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real prop- molls und er s tate, erty, and (4) actual expenditures for necessary improvements. etc ., operation. SEC. 4 . If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or Rates applied to op- by either of them, as provided in section 3 of this Act, and if tolls eration, sinking fund, are thereafter charged for the use thereof, the rates of toll shall et0' be so adjusted as to provide a fund sufficient to pay for the reason-

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 SEVENTIETH CONGRESS. SEss. I. Cii. 204. 1928. 305 able 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, in- cluding reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking Maintenance as free YY g bridge, etc ., after amor- fund sufficient for such amortization shall have been so provided, tizing costs . 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 eco- nomi cal ma nag eme nt. An accurate record of the amount paid for Record of espendi- acquiri ng the bridg e and its ap proach es, the actua l expe nditur es for tures and receipts. maintaining, repairing, and operating the same, and of the daily tolls col lected sh all be ke pt and sh all be av ailable f or the in formation of all pe rsons int erested. SEC. 5 . If such bridge is constructed as a combined railroad bride Application of so- SEC. of right of for the passage of railway trains or street cars, and a highway bridge way for comb ined for the passage of pedestrians, animals, and vehicles, then the right brid ge. of purchase and condemnation conferred by this act shall apply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways ; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge, then the measure of damages or com- pensation 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 Main tenan ce, etc. , of only. If the right of purchase or condemnation conferred by this highway bridge. 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 . T he May sville Bridg e Comp any, i ts suc cessors and a ssigns , sworn statement of construction costs, etc ., shall within ninety days after the completion of such bridge file to be filed after comple- with the Secretary of War, and the highway departments of the lion. States of Kentucky and Ohio, a sworn itemized statement showing the actu al origin al cost o f constru cting th e bridge and its a pproaches , the ac tual c ost of acqui ring a ny int erest i n real prope rty ne cessar y Inve stiga tion by S ee- therefor, and the actual financing and promotion costs. The Secre- retary of war. tary of War may, and upon request of the highway departme nt of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the state- ment of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the purpose of such investigation the said Maysville 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 Find ings of S ecret ary Y conclusive, reasonable costs of the construction, financing, and promotion of the bri dge sh all be concl usive for th e purpo ses me ntione d in s ection 3 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. The right to sell, assign, transfer, and mortgage all the confe rred to s ell, etc ., rights, powers, and privileges conferred by this Act is hereby granted to th e May svill e Br idge Compa ny, its s ucces sors and assig ns, a nd

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 306 SEVENTIETH CONGRESS. SEss. I. CHs. 204, 205. 1928 . any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. Amen dment. SEC. 8 . The right to alter, amend, or repeal this Act is hereby expressly reserved. App roved, March 12, 1 928. March 12, 1928. [H. R . 472.] CHAP. 205.-An Act Authorizing Dwight P. Robinson and Company, [Publ ic, No. 1 57 .] Incorporated, its successors and assigns to construct, maintain, and operate a bridge across the Ohio River at or near Maysville, Kentucky. Ohio River. Be ip enacted by the Senate and House o f Representatives o f the Dwig ht P. Robi nson United States o f America in Congress assembled, That in orde r to and Company may bridge, at Maysville, facilitate interstate commerce, improve the Postal Service and pro- Ky., and A berd een, vide for military and other purposes, Dwight P. Robinson and Com- Ohio. pany, Incorporated, its successo rs and assign s be, and is hereby, authorized to construct, maintain, and operate a bridge and ap- proaches thereto across the Ohio River, at a point suitable to the int erests of nav igation at or near Maysvill e, Kentucky, and Aber- Construction. dee n, Ohio, in a ccordance wit h the provisio ns of the Act entitled Vo l, Post, p . 1182 "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and Right to acquire real limitations contained in this Act. estate, etc ., for location, SEC. 2 . There is hereby conferred upon Dwight P. Robinson and approaches, etc' Company, Incorporated, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the loca- tion, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according Condem nation pro - to the laws of such State, and the proceedings therefor shall be the ceedings . same as in the condemnation or expropriation of property for public Tol ls a uthor ized. purposes in such State. SEC. 3 . T he sai d Dwi ght P. Robinson and Company, Inc orporated, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed vol.34, p.85. shall be the legal rates until changed by the Secretary of War tinder the authority contained in the Act of March 23, 1906. Acquisition author- ized, after SEC. 4. After the completion of such bridge, as determined by the completion, by Kentucky, Ohio, Secretary of War, either the State of Kentucky, the State of Ohio, et c. any public agency or political subdivision of either of such States within or adjoining which any part of the bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any 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 Compensation if ac- public purposes by condemnation or expropriation. Ifatatany quired by condemns - Lion, time after the exp iration of twe nty years aft er the comple tion of ti on 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, Limitations, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for

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 SEVENTIETH CONGRESS. SEss. I. Chi:. 205. 1928 . 307 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 a nd its approa ches and acqu iring such int erest in real property, and (4) actual expenditures for necessary Improvements. Tolls un der State, SEC. 5 . If such bridge shall be taken over or acquired by the States etcƒ operation. or public agencies or political subdivisions thereof, or by either of Rates applied to op- them, as provided in section 4 of this Act, and if tolls are thereafter eration, sinking fund, charged for the use thereof, the rates of tolls shall be so adjusted "t o- as to provid e a fund suff icient to pay for the reaso nable 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 as soon as possible under reasonable charges, but within a period of not to exceed twenty Maintenance as fr ee years from the date of acquiring the same . After a sinking fund bridge, etc ., after amor- sufficient to pay the cost of acquiring the bridge and its approaches tizing cos ts . shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation Record of expendi- of the bridge and its approaches under economical management . An tures and receipts. accurate record of the amount paid for acquiring the bridge and its appr oach es, the actu al e xpen ditu res for main tain ing, rep airi ng, and operating the same and of the daily tolls collected, shall be kept and shall be avai lable for the inform ation of all persons inter ested. Swo rn st atem ent of SEC. 6. The Dwight P. Robinson and Company, Incorporated, its construction costs to be successors and assigns, shall within ninety days after the completion filed after completion. of such brid ge file with the Secretary of War, and w ith the high- way departments of the States of Kentucky and Ohio, a sworn itemized statement showing the actual original cost of constructing the bridge and it approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and pro- Inve stig ation by See- motion costs. The Secretary of War may, and upon request of the retary of war . highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the purpose of such investigation the said Dwight P. Robinson and Company, Incorporated, its successors and assigns, shall make a vailable all records in con nection with FindingsofSecretary the construction, financing, and promotion thereof. The findings of conclusive. 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 the review in a court of equity for fraud or gross mistake. Ri ght to sell, etc., SEC. 7 . The right to sell, assign, transfer, and mortgage all the conferred. rights, powers, and privileges conferred by this Act, is hereby granted to D w ig ht P. Robin son and Compa ny, Incorporat ed, its succe ssors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or trans- ferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein upon such corporation or person. Amendme nt. SEC. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 12, 1928.

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 308 SEVENTIETH CONGRESS. SEss. I. CHs. 206-208 . 1928 . March 12,1928. CHAP, 206.-An Act Granting the cons ent of Congr ess to the highway [11. R . 8899 .1 department of the State of Alabama to construct, maintain, and operate a free [Public, No. 158 .] highway bridge across the Tombigbee River at or near Epes, Alabama. Tombigbee River. Be it enacted by t he Senate and House of Repr esentatives o f t h e Alabama may bridge, United States of America in Congress assembled, That the consent at Epes. of Congress is hereby granted to the highway department of the State of Alabama to construct, maintain, and operate a free highway bridge and approaches thereto across the Tombigbee River at a point Con struction. suitable to the interests of navigation, at or near Epes, in the State Vol.34,p.84. of Alabama, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable Amen dment . waters," appro ved March 23, 1906. SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved. App roved, March 12, 1 928. March 12, 1928. [n. R. 8900.] [Publ ic, No . 159.] Tombigbee River. Alabama may bridge, at Gain esville . Construction. Vol.34,p.84. Former Act repealed. Vol. 44, p. 217, re- pealed. Amendme nt. March 12, 1928. [11. R. 9019.1 [P ubli c, No . 160.] Ouachita River. Arkansas may bridge, at Calion . Constructio n. Vol.34,p.84. Rates of toll to pro- vide for operation, sink- ing fund, etc. CHAP. 207.-An Act Granting the consent of Congress to the highway department of the State of Alabama to construct, maintain, and operate a free highway bridge across the Tombigbee River near Gainesville on the Gainesville- Eutaw roa d between Sumter and Green Counties, Alabama. Be it ena cted by the Se nate and Hous e of Represen tatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the highway department of the State of Alaba ma to constru ct, maintain, and operate a free highway bridge and approaches thereto across the Tombigbee River at a point suit- able to the interests of navigation, at or near Gainesville on the Gainesville-Eutaw road between Sumter and Green Counties, in the State of Alabama, 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 Act of Congress approved March 22, 1926, entitled "An Act granting the consent of Congress to the highway department of the State of Alabama to construct a bridge across the Tombigbee River near Gainesville on the Gainesville-Eutaw road between Sumter and Gre en Counties, Alabama," is h ereby repeale d. SEC. 3 . The right to alter, amend, or repeal this Act is hereby ex pres sly rese rved. Approved, March 12, 1928. CHAP. 208.-An Act Granting the consent of Congress to the State High- way Commission of Arkansas to construct, maintain, and operate a bridge across the Ouachita River at or near Calion, Arkansas. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That the consent of Congre ss is hereby gran ted to the S tate Highwa y Comm ission of Arkansas to construct, maintain, and operate a bridge and approaches thereto across the Ouachita River at a point suitable to the interests of navigation at or near Calion, within five miles of the bridge of the Chicago, Rock Island and Pacific Railway Company, in the counties of Union and Calhoun in the State of Arkansas, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limit ations contained in this Act. SEC. 2. If tolls are charged for the use of such bridge, the rates of toll shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge

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 SEVENTIETH CONGRESS. SESS. I. Cns. 208-211 . 1928 . 309 and its a pproaches under economical management, and to provide a sinking fund suf ficient to amort ize the cost of the brid ge and i ts approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under eco- nomical management. An accurate record of the costs of the bridge and its app roaches, the exp enditure s for ma intainin g, repai ring, an d operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. SEC. 3 . The right to alter, amend, or repeal this Act is hereby exp ressly r eserved. Approved, March 12, 1928 . Maintenance as free bridge, etc., after amor- tizing cost. Re cord of e xpen di- ture and receipts. Amen dment . March 12, 1928. CHAP. 209 .-An Act To extend the times for commencing and completing 	[H. R. 9063.1	the construction of a bridge across the Chattahoochee River at or near Alaga, [Public, No. 161 .] Alabama. 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 bridg e aut hor- ized by the Act of Congress approved June 7, 1924, to be built across the Ch atta hooc hee Rive r at or near Ala ga, Alab ama, con nect ing Houston County, Alabama, and Early County, Georgia, 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 exp ressly r eserved. Appro ved, March 12, 1928 . Chattahoochee Rive r. Time extended for bridging, at Ala ga, Ala. Vol .43, p. 663, amend- ed. Amen dment. March 12, 1928 . CHAP. 210 .-An Act Granting the consent of Congress to the Arkansas [H. R. 9204.] High way Commission to co nstruct, maintain, a nd operate a free hi ghway bridge across the Current River at or near Success, Arkansas. Be it enacted by the Senate and House of Representatives of the U nited State s of Americ a in Congr ess as sembl ed, That the consent o f Cong ress is hereby granted to the Ar kansa s Hig hway C ommis sion to construct, maintain, and operate a free highway bridge and the approaches thereto across the Current River, at a point suitable to the interests of navigation, at or near Success, in the county of Clay, Arkansas, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," appro ved March 23, 1906 . SEC. 2 . The right to alter, amend, or repeal this Act is hereby ex pressly reserved. Appro ved, March 12, 1928 . [Public, No. 162 .] Cur rent River. Arkansas may br idge, at Succe ss. Const ruction. Vol .34,p .84. Amen dment . March 12, 1928. CHAP. 211 .-An Act Granting the consent of Congress to the board of 	[H. R. 9339.1 county commissioners of Trumbull County, Ohio, to construct, maintain, and [Public, No. 163.] operate a free highway bridge across the Mahoning River at or near Warren, Tr umbul l Co unty, Ohio. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That t he conse nt of Congress is hereby granted to the board of county commissioners of Mahoning River. Trum bull Count y, Ohio, may bridge, at warren.

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 310 SEVENTIETH CONGRESS. SEss. I. CHs. 211-213, 216 . 1928 . Con struction. Vol.34, p.84. Post, p. 1535. Am endment. March 12, 1928. [11. R. 9484.] [Public, No. 164 .] Tombigbee River. Alabama may bridge, at Aliceville. Con struction. Vol.34,p.84. For mer Act repe aled. Vol . 44, p. 214, re- pealed. Am endment. March 12, 1928. [S. 1946.] [Public, No. 165 .] Panama Canal. No reduction of pay, etc., of retired warrant officers and enlisted men, serving in. Vol.37,p. 561. Trumbull County, Ohio, to construct, maintain, and operate a free highway bridge, together with the necessary approaches thereto, across the Mahoning River at a point suitable to the interests of navigation at or near the City of Warren, Ohio, in accordance with the provisions of an Act entitled, "An Act to regulate the construc- tion of bridges over navigable waters," approved March 23, 1906. SEC. 2 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 12, 1928. CHAP. 212 .-An Act Granting the consent of Congress to the highway de- partment of the State of Alabama to construct, maintain, and operate a free highway bridge across the Tombigbee River at or near Aliceville on the Gaines- ville-Aliceville Road in Pickens County, Alabama. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the consent of Congress is hereby granted to the highway department of the State of Alabama to construct, maintain, and operate a free highway bridge and approaches thereto across the Tombigbee River at a point suitable to the interests of navigation, at or near Aliceville on the Gainesville-Aliceville Road in the county of Pickens, in the State of Alabama, in accordance with the provisions of the Act entitled "An Act to regulate the const ruction of bridges over navigable waters," approved March 23, 1906. SEC. 2. The Act of Congress approved March 22, 1926, granting the consent of Congress to the highway department of the State of Alabama to construct a bridge across the Tombigbee River near Alice ville on t he G aines ville -Ali cevil le Ro ad in Pic kens Count y, Alabama, is hereby repealed. SEC. 3 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 12, 1928. CHAP. 213 .-An Act Relative to the pay o f certain re tired warrant officers and enlisted men and warrant officers and enlisted men of the reserve forces of the Army, Navy, Marine Corps, and the Coast Guard, fixed under the terms of the Panam a Canal Act, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Panama Canal Act, as amended, shall not be construed as requiring the deduction of the retired pay or allowances of any retired warrant officer or enlisted man of the Army, Navy, Marine Corps, or Coast Guard, or the training pay, retainer pay, or allowance s of any warrant o fficer or enlisted man of t he reserv e forces of the Army, Navy, Marine Corps, or Coast Guard, from the amount of the salary or compensation provided by or fixed under the terms of the Panama Canal Act, as amended. Approved, March 12, 1928. March 13, 1928. [H. R .9196 .] CHAP. 218.-An Act Granting the consent of Congress to the Highway [Public, No. 166 .] Department of the State of Tennessee to construct, maintain, and operate a bridge across the Tennessee River on the Decatur-Kingston Road in Roane County, Tennessee. Tennessee River. Be it enacted by the Senate and House of Representatives of the Tennessee may United States of America in Congress assembled, That the consent co unt y, in Roane of Congress is hereby granted to the Highway Department of the

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 SEVENTIETH CONGRESS. SESS. I. C$s. 216, 217 . 1928 . 311 State of Tennessee to construct, maintain, and operate a bridge and approache s thereto acro ss the Tennes see River at a point suitab le to the in terests of nav igation, on t he Decatur-Ki ngston Road in Roane County, in the State of Tennessee, in accordance with the Cons tructi on. provisions of the Act entitled "An Act to regulate the construction Vol.34,p.84. of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Rates of toll to pro- SEC. 2. If tolls are charged for the use of such bridge, the rates vide for operation, sink- t, toll shall be so adjusted as to provide a fund sufficient to pay ingfund,etc. the reasonable cost of maintaining, repairing, and operating the brid ge and its a pproa ches u nder e conomi cal m anagem ent, and to provide a sinking fund sufficient to amortize the cost of the bridge and its approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty-five ears from the completion thereof. After Maintenance as free y bridge, etc ., after amor- a sinking fund sufficient for such amortization shall have been so tizing costs, etc • provide d, such bridg e shall therea fter be maint ained and ope rated f re e. of tolls, or the rates of toll shall therea fter be so ad justed as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its Record of expendi- approaches under economical management. An accurate record of tures and receipts. the costs of the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily toll s colle cted s hall be kept a nd sha ll be a vailabl e for the inf ormatio n of all persons interested. SEC. 3 . That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved. March 13, 1928. Ma rch 13 ,19M CHAP. 217 .- An Act Authorizing the Secretary of Agriculture to se ll the [x .1531 .] Weather Bureau station known as Mount Weather, in the counties of Loudoun [Public, No. 167 .] and Clarke, in the State of Virginia. Be it enacted by the Senate and House o f Representatives o f the weather Bureau. United States of America in Congress assembled, That the Secretary sale authorized of of Agriculture be, and he is hereby, authorized and directed to adver- tat nt Weather, Va., tise for sale and to sell to the highest responsible bidder the premises -Post, pp. 1065, 1625 . known as Mount Weather, in the counties of Loudoun and Clarke, in the State of Virginia, and comprising eighty-four and eighty-one one-hundredths acres of land, more or less, together with the build- ings and other improvements thereon, including laboratories, cottages, sheds, stables, shops, heating and power plant, kite shelter, and other buildings of whatever nature, together with all rights, ease- ments, and appurtena nces thereto b elonging, at such time, in such manner, and upon suc h terms as he may deem for the best inte rests of the United States ; to convey such property to the purchaser thereof by the usual quitclaim deed, and to deposit the proceeds of such sale Deposit the Treasury of the United States as a miscellaneous receipt, after eeipts g deducting the expenses incident to such sale, but the Secretary of Agriculture shall reserve the right to reject any and all bids if in his judgment it is in the public interest to do so ; and in the event of a general rejection of bids, to readvertise the property under condi- tions provided herein as often as may be necessary to accomplish sale. Appr oved, March 13, 1 928.

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 312 March 13, 1928. [II. R. 5476.] [Public, No. i6S .] Ar my. Sale of tract in Phila- delphia to Pennsylva- nia Railroad Company. CHAP. 218.-An Act To authorize the Secretary of War to sell to the Penn- sylvania Railroad Company a tract of land situate in the city of Philadelphia and State of Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secre tary of War be, and he is hereby, authorized, in his discretion, to sell, upon such terms and conditions as he considers advisable, to the Pennsylvania Railroad Company, or its nominee, a tract of land conta ining one an d fiv e thou sand f ive hu ndred and twelve ten- thousandths acres, more o r less, said tract now form ing a part of War Department reservation at Twenty-first Str eet and Ore gon Avenue, being the westerly end of the reservation, situate in the city of Philadelphi a and State o f Pennsylvani a, which said tract is no longer needed for military purposes, and to execute and deliver in the name of the United States and in its behalf, with and to the said the Pe nnsylv ania R ailro ad Com pany, or its nomi nee, a ny and all contracts, conveyances, or other instruments necessary to effectuate such sale ; the proceeds of the sale of the property hereinbefore desig- nated to be deposited in the Treasury to the credit of the fund known as the Military posts construction fund : Provided, That the Secre- tary of War shall have the said tract appraised at the expense of the appraised value. Pennsylvania Railroad Company : And provided further, Tha t the Secreta ry of W ar shal l not sell sa id trac t for a less conside ration than the appraised value hereinbefore referred to. App roved, March 13, 1 928. Proceeds to military posts construction fund. Provisos. Appraisal. No sale for less than [Public, No. 169 .] SEVENTIETH CONGRESS. SESS. I. Ciis. 218, 219 . 1928 . March 13,1928. [S .700 .] CHAP. 219.-An Act Authorizing the Secretary of the Interior to execute an agreement with the Middle Rio Grande Conservancy District providing for conse rvation, irr igation, dra inage, and fl ood control for the Pueb lo Indian la nds in the Rio Grande Valley, N ew Mexico, and for o ther purposes. Be it enacted by the 8-ate and House o f Reps° Middle Rio Crandaesentatives of tlae Conservancy District. United States of America in Congress assembled, That the Secretary Agreement with, for irrigation, etc ., of the Interior is hereby authorized to enter into an agreement with of Pueblo Indian lands in the Middle Rio Grande Conservancy District, a political subdivision New Mexico. Vol. 44, p. 1098 . of the State of New Mexico, providing for conservation, irrigation, Po st, pp . 900, 1640 . drainage, and flood control for the Pueblo Indian lands situated within the exterior boundaries of the said Middle Rio Grande Con- servancy District, as provided for by plans prepared for this purpose Indians' sbare of con- in pursuance to an Act of February 14, 1927 (Forty-fourth Statutes strnctioncostspayable at Large, page 1098). The construction cost of such conservation, in installments, irrigation, drainage, and flood-control work apportioned to the Indian lands shall not exceed $1,593,311, and said sum, or so much thereof as may be required to pay the Indians' share of the cost of the work herein provided for, shall be payable in not less than five Provisos. installments without interest, which installments shall be paid annu- Payment withheld if ally as work progresses : Provided, That should at any time it appear work not approved. t o the said Secre tary that con struction work is not being carried out in accordance with plans approved by him, he shall withhold payment of any sums that may under the agreement be due the con- servancy district until such work shall have been done in accordance costoPok olands. of with the said plans : Provided further, That in determining the share of the cost of the works to be apportioned to the Indian lands there sh all be t aken int o co nsid erat ion only the Ind ian acre age bene fite d which shall be definitely determined by said Secretary and such acreage shall include only lands feasibly susceptible of e conomi c irrigation and cultivation, and materially benefited by this work, and in no event shall the average per acre cost for the area of Indian

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 SEVENTIETH CONGRESS. SESS. I. CHs. 219, 220. 1928 . lands benefited exceed $67 .50 : Provided further, That all present wate r ri ghts now a ppur tenan t to the a ppro ximat ely e ight thou sand three hundred and forty-six acres of irrigated Pueblo lands owned individually or as pueblos under the proposed plans of the district, and all water for the domestic purposes of the Indians and for their stock shall be prior and paramount to any rights of the district or of any property holder therein, which priority so defined shall be recognized and protected in the agreement between the Secretary of the Interior and the said Middle Rio Grande Conservancy Dis- trict, and the water rights for the newly reclaimed lands shall be recognized as equal to those of like district lands and be protected from discrimination in the division and use of water, and such water rights, old as well as new, shall not be subject to loss by nonuse or abandonment thereof so long as title to said lands shall remain in the Indians individually or as pueblos or in the United States, and such irrigated area of approximately 8,346 acres shall not be subject by the district or otherwise to any pro rata share of the cost of future operation and maintenance or betterment work performed by the district. The share of the cost paid the district on behalf of the Indian lands under the agreement herein authorized, including any sum paid to the district from the funds authorized to be appro- priated by the Act of February 14, 1927 (Forty-fourth Statutes at Large, page 1098), shall be reimbursed to the United States under such rule s and regu lati ons a s may be presc ribed by the S ecret ary of the Interior : Provided, That such reimbursement shall be made only fr om the proce eds of lease s of t he newl y recl aimed pueblo lands whether leased by Indians or others, Indians, however, to be given the preference in the making of such leases, and the proceeds of such leases to be applied, first, to the reimbursement of the cost of the works apportioned to said irrigated area of approximately 8,346 acres : Provided further, That as to not to exceed 4,000 acres of such newly reclaimed lands if cultivated by Indians no rentals shall be charged the Indians : Provided further, That there is hereby created agains t the newly reclai med la nds a first l ien fo r the amount of th e cost of the works apportioned to such newly reclaimed lands which lien shall not be enforced during the period that the title to such lands remains in the pueblo or individual Indian ownership Provided further, That said Secretary of the Interior, through the Commissioner of Indian Affairs, or his duly authorized agent, shall be recognized by said district in all matters pertaining to its operation in the sa me ratio that the Indian la nds bear to the to tal area of lands within the district, and that the district books and records shall be available at all t imes for inspectio n by said represen tative. Approved, March 13, 1925. 313 Protection of present water rights, domestic supply, etc. Recognition of water rights on newly re- claim ed lan d. Area not subject to cost of futu re op erat ion, etc. Reimbursement of share of cost from In- dian funds. Vol.44,p. 1098. From leases of newly reclaimed pueblo lands. No rentals if culti- vated by Indians. Lien for cost of work, not enforced against pueblo lands or on In- dia n own ers hip . Rec ogn iti on of au- thority of Secretary of Interior . March 14, 1928. CHAP. 220 .-An Act Granting the consent of Congress to the Highway	[x .R. 9293 .]	Department of the State of Tennessee to construct, maintain, and operate a [Public, No. 170.] bridge across the Clinch River on the Sneedville-Rogersville Road in Hancock County, Tennessee. Be it enacted by the Senate and House o f Representatives o f the United States of America in Congress assembled, That the consent of Congress is hereby granted to the Highwa y Department of the State of Tennessee to construct, maintain, and operate a bridge and approaches thereto across the Clinch River, at a point suitable to the interests of navigation, on the Sneedville-Rogersville Road in Han- cock County, in the State of Tennessee, in accordance with the Clinch River. Tennessee may bridge, in Hancock County.

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 314 SEVENTIETH CONGRESS. SESS. I. CHs. 220-222 . 1928 . Construction. Vol.34, p.84. Rates of toll applied to operation, sinking fund, etc. Maintenance as free br idge, etc ., after a morti zing cost s. Re cord of expe ndi- tures and receipts . Former Act repealed. Vol. 44, p. 1271, re- peale d. Amen dment. March 14, 1928. [H. R.9843.1 [Public, No. 171 .] CHAP. 221 .-An Act To extend the times for commencing and completing the construction of a bridge across the Kanawha River in or near Henderson, West Virginia, to a point opposite thereto in or near Point Pleasant, West Vir ginia. 7 e 2t enacted by the Senate and HOZWe Of 7 epresentat2ves of the Ka nawh aRiv er. Time extended for Unite d Sta tes o f America in Congress assembled, That the times bridging, from Hender- son to Point Pleasant, for commencing and completing the construction of the bridge voa. 44, p. 1267, authorized by the Act of Congress approved March 2, 1927, to be amended . 1525. built across the Kanawha River in or near Henderson, West Vir- Post, p. ginia, to a point opposite thereto in or near Point Pleasant, West Virginia, 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, March 14, 1928. Amend ment . March 15, 1928. [S. 2342.1 [Public, No. 172 .] Chipp Minn ewa Indians, . Per cap ita payme nt to, from principal fund. Vol. 25, p. 645. provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to th e cond itions and l imitat ions co ntaine d in t his Ac t. SEC. 2. If tolls are charged for the use of such bridge, the rates of tolls shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge and i ts ap proac hes under econ omic al ma nagem ent, and to pr ovide a sinking fund sufficient to amortize the cost of the bridge and its approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from the completion thereof. After a sink- ing 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 tol l shal l ther eafter be so adjust ed as to pro vide a fund of not to exceed the amount necessary for the proper mainte- nance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the costs of the bridge and it s appr oaches, the expend itures for ma intain ing, r epair- ing, and operating the same, and of the daily tolls collected, shall be kept and shall be available f or the information of all persons interested. SEC. 3 . The Act of Congress approved March 2, 1927, for the construction of a bridge by the Highway Department of the State of Tennessee across the Clinch River on the Sneedville-Rogersville Road in Hancock County, Tennessee, is hereby repealed. SEC. 4. The right to alter, amend, or repeal this Act is hereby ex pressl y rese rved. Approved, March 14, 1928. CHAP. 222.-An Act Providing for a per capita payment of $25 to each enrolled member of the Chippewa Tribe of Minnesota from the funds standing to their credit in the Treasury of the United States. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to withdraw from the Treasury of the United States so much as may be necessary of the principal fund on deposit to the credit of the Chippewa Indians in the State of Minnesota, arising under section 7 of the Act of January 14, 1889 (Twenty-fifth Statutes at Large, page 642), entitled "An

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 SEVENTIETH CONGRESS. SESS. I. CHs. 222, 223 . 1928 . 315 Act for the relief and civilization of the Chippewa Indians in the State of Minnesota," and to make therefrom a per capita payment or dist ributi on of $25 to each of the enroll ed Chi ppewa Indian s of M in- nesota, under such rules and regulations as the said Secretary may Provisos . prescribe : Provided, That before any payment is made hereunder the Acceptance b y Chippewa Indians of Minnesota shall, in such manner as may be pre- Indians . scrib ed by the Secretar y of the Interior, ratify the provi sions of this Act and accept same : Provided further, That the money paid to the lien, subject to a ny Indians as authorized herein shall not be subject to any ien or claim , etc. of attorneys or other parties. Approved, March 15, 1928 . March 15, 1928. CHAP . 223 .-An Act To authorize the Secretary of War to grant rights of 	[H . R . 11197 .] way to the Vic ksburg Bridge and Te rminal Company, upon , over, and across t he [Public, No . 173.] Vicksburg National Military Pa rk at Vicksburg, War ren County, Mississi ppi. Be it enacted by the ,Senate and House of Representatives of the Vic ksbu rg N ation al United States o f America in Congress assembled, That the Secretary Park, Miss. of War be, and he is hereby, authorized and empowered to grant Right of way across, granted Vicksburg to the Vic ksburg Bridge and Te rminal Company, a cor poration Bridge and Terminal organized and existing under the laws of the State of Delaware, its Company. successors and assigns. rights of way, in such location and under such conditions and regulations as are deemed advisable by the Secretary of War, for the construction, maintenance, and operation of railroad, telegraph, telephone, street car, water, gas, oil, and electric light and power lines, and a highway for vehicular traffic upon, over, and across the Vicksburg National Military Park in the county of Warren, State of Mississipp i : Provided, That such con- NinN oro teP ter foro nce w ith struction, maintenance, and operation shall not interfere with the park uses. use of said military park for the purpose for which established : Without Gover n. And prov ided furt her, That any and all w ork that may b e req uire d ment e xpense. by the Secretary of War to be performed by the Vicksburg Bridge and Terminal Company, its successors and assigns, shall be without expense to the United States. Use of facilities b y SEC. 2 . That any other person, firm, corporation, copartnership, other utilities. or association organized or existing under the laws of any State or Territory of the United States, or the trustees, lessees, or receivers thereof, having a franchise for the operation of railroad, telegraph, tele phone, stree t car, water, gas, oil, a nd ele ctric light and po wer line or lines may, upon obtaining a license from the Secretary of War, use the facilities mentioned, or any of them upon payment to Compensation. the Vicksburg Bridge and Terminal Company of just compensation for such use ; and if the parties concerned can not agree upon the amount of such compensation, the sum or sums to be paid for the said use shall be fixed by the Secretary of War. Use for other pur- SEC. 3 . That no part of such rights of way as may be granted by poses forbidden . the Secretary of War under the provisions of this Act for the pur- poses aforesaid shall be used for any other purpose or purposes, and if any part thereof shall be so used, or shall cease to be used for the purposes for which granted, such part shall revert to the United States. Amend ment. SEC. 4. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 15, 1928. 54835°-29--PT 1 24

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 316 SEVENTIETH CONGRESS. SESS. I. CH. 224. 1928 . March 16, 1928. C$AP. 224 .-An Act Authorizing B. L. Hendrix, G. C. Trammel, and C. S. [a. R.66.1 Miller, their heirs, legal representatives, and assigns, to construct, maintain, [Public, No. 174.1 and operate a bridge across the Ohio River at or near Mound City, Illinois. Ohio River. Be it enacted by the Senate and House o f Representatives o f the 13 . L. Hendrix, etc., United States of America in Congress assembled, That in order to may br idge, at Mou nd city, Ill. fa cilita te int erstat e comm erce, improv e the p ostal servic e, and pro- vide for military and other purposes, B. L. Hendrix, G. C. Tram- mel, and C. S. Miller, their heirs, legal representatives and assigns, be and hereby are authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River at a point suitable to the interests of navigation between the city of Mound Constru ction. 3rupio: City, Illinois, and a point opposite in the State of Kentucky, in i ost, p .1529. accordance with the provisions of the Act entitled, "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limita- Right to acquire real tions contained in this Act. estate, etc., for location, SEC. 2. There is hereby conferred upon B. L. Hendrix, G. C. approaches, etc. Trammel, and C. S. Miller, their heirs, legal representatives and assigns, all such rights and powers to enter upon lands and to a cquir e, co ndem n, oc cupy, poss ess, and use r eal estat e and oth er pr operty neede d for the lo cation, cons tructio n, ope ration , and main- tenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corpora- tions for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, condemnation pre - to be ascertained and paid according to the laws of such State, ceedings. and the proceedings therefor, shall be the same as in the condemna- Tells authorized. tion or expropriation of property for p~ublic purposes in such State. SEC. 3. The said B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, and assigns, are hereby author- ized 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 vol. 34, p.s5. Secretary of War under the authority contained in the Act of Acquisition author . March 23, 1906. ize d, a fter comp letio n, SEC. 4 . After the completion of such bridge, as determined by by Illinois. Kentucky, the Secretary of War, either the State of Illinois, the State of etc. Kentucky, any public agency or political subdivision of either of such States, within or adjoining which any part of the bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in acco rdance with the laws of either of such S tates governing Compensation if ac- the acquisition of private property for public purposes by con- quired by condem na- demnation or expropriation. If at any time after the expiration tion. of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages Lim itat ions. or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in va lue, ( 2) the actua l cost of ac quirin g such intere sts in real prop- erty, (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. Tolls under state, SEC. 5. If such bridge shall be taken over or acquired by the States etc., operation. or public agencies or 'political subdivisions thereof, or by either of th em, as pr ovided in section 4 of this Act, an d if toll s are the reafter

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 SEVENTIETH CONGRESS. SESS. I. CEis. 224, 225 . 1928 . 317 charged for the use thereof, the rates of toll shall be so adjusted as Rate s applied to to provid e a fund sufficien t to pay for the r easonable cost of maintain- fu nd e tc n, sin ki ng ing, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of Maintenance as free acquiring the same. After a sinking fund sufficient for such amorti- bridge, etc ., after amor- zation shall have been so provided, such bridge shall thereafter be tiling costs. maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An Recor d of receipts. f- tares and recei 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 informati on of all persons intereste d. SEC. 6. The said B. L. Hendrix G. C. Trammel, and C. S. Miller sworn Sta teme nt of ~ 7 ) construction C osts,etC ., their heirs, legal representatives, and assigns, shall, within ninety to be made after com- days after the completion of such bridge, file with the Secretary of - War, and with the highway departments of the States of Illinois and Kentucky a sworn itemized statement showing the actual original cost of const ructin g the bridge and i ts appr oaches , the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs . The Secretary of War may, retnyofg~ son by See- and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonabl eness of the costs alleged in the st atement o f costs s o filed, and shall make a finding of the actual and reasonable costs of con- st ructin g, fin ancing, and promot ing su ch brid ge ; for th e purp ose of such investigation the said B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, and assigns, shall make available all of their records in connection with the construction, financing, and promotion thereof . The findings of the Secretary of ilu ingsof secretary t, cocsive. War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes men- tioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. The right to sell, assign, transfer, and mortgage all the cone red to sell, etc ., rights, powers, and privileges conferred by this Act, is hereby granted to B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. SEC. 8 . The right to alter, amend, or repeal this Act is hereby Amendment. exp ressly reser ved. App rov ed, Ma rch 16, 1928. CHAP. 225.-An Act Authorizing E. M. Elliott, of Chicago, his heirs, legal represe ntatives, an d assigns, t o construct, maintain, an d operate a bridge acros s the Ohio River at or near Ravenswood, West Virginia . Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That in order to fac ilitat e inte rstate comme rce, i mprove the Po stal S ervice, and pro- March 1 6, 1928. [H. R.6073.] [Public, No. 175 .] Ohio River. E. M. Elliott may bridge, at Ravenswood, W. Va.

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 318 S EVEN TIET H CONGRESS. SEss. I. Cia. 225. 1928 . vide for military and other purposes, E. M. Elliott, Chicago, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches th er eto across the Ohio River, at a point suitable to the interests of naviga- Constrnction. tion at or near Ravenswood West Virginia, in accordance with the Vol.34,p. 84. ~, 7 provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Right to acquire real estate, etc., for location, SEC. 2. There is hereby conferred upon E. M. Elliott, Chicago, his approaches, etc. heirs, legal representatives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such Condemnatio n pro- ceeings. State and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. Tolls authorized. SEC. 3 . The said E. M. Elliott, Chicago, his heirs, legal representa- tives, and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed shall be the legal rates until changed by the Secretary of War under the authority Vol.34, p.85. contained in the Act of March 23, 1906. ized,Qafter ~completion, SEC. 4. After the completion of such bridge, as determined by the by West Vir ginia, Oh io, Secretary of War, either the State of West Virginia, the State of e tc" Ohio, any public agency or political subdivision of either of such States within or adjoining which any part of the bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any 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 Compensation if ac- for public purposes b condemnation or expropriation . Ifatan gutted by condemna- tion, etc. time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, Lim itat ions. but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interest in real property ; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bri dge an d its a pproach es and acquir ing suc h inte rest in real p ropert y ; Tol ls u nder stat e, and ( 4) actual exp enditures for necessary imp rovements. etc ., ope rat ion . 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 Rates applied to them, as provided in section 4 of this Act, and if tolls are thereafter operation, sinking charged for the use thereof, the rates of tolls shall be so adjusted fun d, et c. a s to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches un der econ omi cal man agem ent, an d to provide a sinking fund sufficient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the br idg Maintenance a free date of acquiring sinkinguiringthesame . After a sinking fund sufficient for such e,etc.,after s mor- tizing costs, amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of tolls shall

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