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CONSTRUCTION OF CERTAIN BRIDGES

MAY 29, 1930.-Ordered to be printed

Mr. DENISON, from the committee of conference, submitted the following

CONFERENCE REPORT

[To accompany H. R. 9806]

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 9806) to authorize the construction of certain bridges and to extend the times for commencing and completing the construction of other bridges. over the navigable waters of the United States, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendments of the Senate numbered (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (25), and (26), and agree to the same.

That the House recedes from its disagreement to the amendment of the Senate numbered (24), and concurs therein with an amendment, as follows:

In lieu of the matter proposed to be stricken out by said Senate amendment numbered (24), restore all of section 4 of the House bill and insert the word "South" after the word "near" and before the word "Omaha" on page 17, line 24.

And in lieu of the matter to be inserted by said Senate amendment No. 24, restore the said matter as a new section, with the following language on page 6, beginning in line 7 of the Senate engrossed amendment: Strike out "at or near South Omaha, Nebraska, and also a bridge".

And the Senate agrees to the same.

That on page 15, line 1 of the bill, the word "his" be stricken out and the word "its" inserted in lieu thereof.

R. B. HOWELL,
Jos. E. RANSDELL,
MORRIS SHEPPARD,
A. H. VANDENBERG,

HIRAM W. JOHNSON,

Managers on the part of the Senate.
E. E. DENISON,

TILMAN B. PARKS,

Managers on the part of the House.

The managers, on the part of the House at the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill H. R. 9806, submit the following written statement explaining the effect of the action agreed upon by the conference committee and submitted in the accompanying conference report:

H. R. 9806 was an omnibus bridge bill containing 16 sections and authorizing the construction of 15 different bridges in different parts of the country. Each of the first 15 sections granted to various individuals or companies the right or authority to construct certain bridges.

Section 3 of the bill authorized Charles B. Morearty, his heirs, legal representatives, and assigns to construct a bridge across the Missouri River at or near South Omaha, Nebr. By its amendments numbered (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), and (23), the Senate struck out the name of "Charles B. Morearty, his heirs, legal representatives, and assigns," in the various provisions of that section, and inserted in lieu thereof the names of "Richard L. Metcalf, mayor of Omaha, Nebr., his successors in office; Oscar H. Brown, mayor of Council Bluffs, Iowa, and his successors in office; Harry H. Lapidus, of Omaha, Nebr.; Mathew E, O'Keefe, of Council Bluffs, Iowa; and C. A. Sorensen, attorney general of the State of Nebraska, and his successors in office, all as trustees.' By these various amendments above numbered, the Senate changed section 3 so as to authorize the parties just named as trustees to construct, maintain, and operate the bridge across the river at Omaha instead of Charles B. Morearty, his heirs, legal representatives, and assigns.

The Senate also struck out the word "South" before the word "Omaha" in this section so as to locate the bridge authorized at Omaha instead of South Omaha, and the managers on the part of the House have receded from their disagreement to these amendments and have agreed to the same, thereby authorizing the bridge to be constructed at Omaha by the parties named as trustees.

Section 4 of the bill authorized Charles B. Morearty, his heirs, legal representatives, and assigns, to construct another bridge across the Missouri River at or near Omaha, Nebr. The Senate amendment No. 24 struck out all of this section of the bili and inserted in lieu thereof a new section authorizing the same parties as trustees to build a bridge at South Omaha as were authorized by their amendments to section 3 to build the bridge at Omaha. To this amendment of the Senate the managers on the part of the House concurred with an amendment striking out all of the Senate amendment and restoring section 4 of the House bill as it passed the House with the exception of inserting the word "South" before the word "Omaha" in line 24, on page 17 of the bill, so as to confer authority upon Charles B. Morearty, his heirs, legal representatives, and assigns, to construct a bridge across the Missouri River at or near South Omaha, Nebr.

HR-71-2-VOL 4-27

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Senate amendment No. 25 inserted a new section in the bill providing for the regulation of tolls over certain bridges. In substance this section provided that in the case of bridges heretofore authorized by acts of Congress specifically reserving to Congress the right to subsequently regulate tolls on such bridges, such bridges shall hereafter in respect of the regulation of all tolls be subject to the provisions of the act entitled "An act to regulate the construction of bridges over navigable waters," approved March 23, 1906. It seems that there is an existing privately owned toll bridge across the Missouri River between Omaha, Nebr., and Council Bluffs, Iowa, which was constructed many years ago under a special act of Congress. In that act Congress specifically reserved the right to subsequently regulate the tolls. The effect of the Senate amendment No. (25) is for Congress to assert its authority reserved in the act authorizing the construction of that bridge and to place the regulation of tolls charged at that bridge under the provisions of the general bridge act of March 23, 1906. The managers on the part of the House receded from their disagreement to this amendment and agreed to the same.

E. E. DENISON, TILMAN B. Parks, Managers on the part of the House.

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