ོ the construction of this bridge provides that same shall be maintained and operated as a free highway bridge. Favorable action on the pending bill to extend the times for commencing and completing its construction is recommended. Sincerely, R. W. DUNLAP, Acting Secretary. The act of Congress approved February 13, 1929, referred to in the bill is as follows: [PUBLIC NO. 739-70TH CONGRESS] [H. R. 14164] AN ACT Granting the consent of Congress to the city of Knoxville, Tennessee, to construct, maintain, and operate a free highway bridge across the Tennessee River at or near Henley Street in Knoxville, Knox County, Tennessee Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the city of Knoxville, Tennessee, to construct, maintain, and operate a free highway bridge and approaches thereto across the Tennessee River at a point suitable to the interests of navigation, at or near Henley Street, in Knoxville, Knox County, Tennessee, in accordance with the provisions of the act entitled, "An act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 13, 1929. O BRIDGE ACROSS COLUMBIA RIVER, BETWEEN LONGVIEW, WASH., AND RAINIER, OREG. JUNE 3, 1930.-Referred to the House Calendar and ordered to be printed Mr. LEA, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany S. 4577] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 4577) to extend the time for completing the construction of a bridge across the Columbia River between Longview, Wash., and Rainier, Oreg., having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows: Strike out the preamble. The bill is similar to H. R. 12575, which has the approval of the War Department, as will appear by the letter attached. WAR DEPARTMENT, May 29, 1930. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives. So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill, H. R. 12575, Seventy-first Congress, second session, to extend the time for completing the construction of a bridge across the Columbia River between Longview, Wash., and Rainier, Oreg. F. TRUBEE Davison, The acts of Congress referred to in the bill are as follows: [PUBLIC-No. 574-69TH CONGRESS] [S. 3804] AN ACT Granting the consent of Congress to W. D. Comer and Wesley Vandercook to construct, maintain, assigns, to construct, maintain, and operate a bridge and approaches thereto across the Columbia River at a point suitable to the interests of navigation, between a point at or near the city of Longview, in the county of Cowlitz, in the State of Washington, and a point at or near the city of Rainier, in the county of Columbia, in the State of Oregon, 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 limitations contained in this act. The construction of such bridge shall not be commenced nor shall any alterations of such bridge be made either before or after its completion until the plans and specifications for such construction or alterations have been first submitted to and approved by the Secretary of War, the Secretary of Commerce, and the Secretary of Agriculture, acting jointly, and they, acting jointly, shall determine whether the types, designs, and specifications thereof are adequate, based upon the proposed use, volume, and weight of traffic passing over such bridge, and whether the height and clearances of such bridge are adequate to protect the commerce on said Columbia River, and whether the location selected is feasible for the erection of such bridge without obstructions in navigation and without being detrimental to the development of interstate and foreign as well as domestic commerce moving to and from the Pacific Ocean on the Columbia River to the inland waters of the States concerned, and whether public convenience will be served by such bridge as a connecting link between the Federal-aid highway systems of the States of Oregon and Washington. The said Secretaries, acting jointly, are empowered and, if requested to do so, are directed to hold public hearings for the full and complete determination of said precedent requirements. SEC. 2. The said W. D. Comer and Wesley Vandercook, their heirs, legal representatives, and assigns, are hereby authorized to fix and charge tolls for transit over such bridge, and the rates so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in such act of March 23, 1906. SEC. 3. After the date of completion of such bridge, as determined by the Secretary of War, either the State of Washington, the State of Oregon, any political subdivision of either of such States, within or adjoining which 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 approaches, and interests in real property necessary therefor, by purchase or by condemnation in accordance with the law of either of such States governing the acquisition of private property for public purposes by condemnation. If at any time after the expiration of twenty years after the completion of such bridge it 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 be limited to the sum of (1) the actual cost of constructing such bridge and approaches, less a reasonable deduction for actual depreciation in respect of such bridge and approaches, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs (not to exceed 10 per centum of the sum of the cost of construction of such bridge and approaches and the acquisition of such interests in real property), and (4) actual expenditures for necessary improvements. SEC. 4. There is hereby conferred upon the said W. D. Comer and Wesley Vandercook, their heirs, legal representatives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, appropriate, occupy, possess, and use real estate and other property needed for the location, construction, operation, or maintenance of such bridge, approaches, and terminals as are possessed by bridge corporations for bridge purposes in the States in which such real estate and other property are located, upon making proper compensation therefor, to be ascertained according to the laws of such States and the proceedings thereof may be the same as in the condemnation and expropriation of property in such States. SEC. 5. If such bridge shall be taken over and acquired by the States or political subdivisions thereof under the provisions of section 3 of this act, the same may thereafter be operated as a toll bridge; in fixing the rates of toll to be charged for the use of such bridge the same shall be so adjusted as to provide, as far as possible, a sufficient fund 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 cost thereof within a period of not to exceed thirty years from the date of acquiring the same. After a sinking fund sufficient to pay the cost of acquiring such bridge and its approaches shall have been provided, the bridge thereafter shall be maintained and operated free of tolls, or the rates of toll shall be so adjusted as to provide a fund not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its approaches. SEC. 6. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act is hereby granted to the said W. D. Comer and Wesley Vandercook, their heirs, legal representatives, and assigns, and any corporation to which such rights, powers, and privileges may be sold, assigned, or transferred, or which shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation. SEC. 7. The said W. D. Comer and Wesley Vandercook, their heirs, legal representatives, and assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War a sworn itemized statement showing the actual original cost of constructing such bridge and approaches, including the actual cost of acquiring interests in real property and actual financing and promotion costs. Within three years after the completion of such bridge the Secretary of War shall investigate the actual cost of such bridge, and for such purpose the said W. D. Comer and Wesley Vandercook, their heirs, legal representatives, and assigns, shall make available to the Secretary of War all of their records in connection with the financing and construction thereof. The findings of the Secretary of War as to such actual original costs shall be conclusive. SEC. 8. The right to alter, amend, or repeal this act is hereby expressly reserved Approved, January 28, 1927. [PUBLIC NO. 31-71ST CONGRESS] AN ACT To extend the time for completing the construction of a bridge across the Columbia River between Longview, Washington, and Rainier, Oregon Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for completing the construction of the bridge across the Columbia River, between Longview, Washington, and Rainier, Oregon, authorized to be built by W. D. Comer and Wesley Vandercook, by the act of Congress approved February 28, 1925, as amended by act approved January 28, 1927, is hereby extended to June 1, 1930. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, December 26, 1929. Hon. Albert Johnson, who introduced the bill, has submitted the following information with respect thereto: Hon. EDWARD E. DENISON, HOUSE OF REPRESENTATIVES, House of Representatives, Washington, D. C. MY DEAR COLLEAGUE: In reference to your letter of May 28 asking for details as to what has been done toward completing construction of the Longview Bridge, I will deal with the matter chronologically. On January 14, 1927, the bill providing for the construction of this bridge was signed by President Coolidge and you will recall that the law required that the bridge and approaches be passed on jointly by the Secretary of Commerce, the Secretary of Agriculture, and the Secretary of War. On March 15, 16, and 17, 1927, hearings were held at Longview and Portland. On June 16, 1927, plans and specifications submitted by the owners of the franchise were rejected by the Cabinet members, consisting of the Secretaries above mentioned, on the ground of insufficient clearance. On October 13, 1927, a hearing on the revised plans was held at Washington, D. C. On November 3, 1927, these plans determining the clearances were approved. In January, 1928, it was estimated that because of the tremendous clearances required by the Government that the cost of the bridge would be increased to $5,800,000 approximately 40 per cent higher than was originally figured upon. The vertical clearance required by the Government was 196 feet, 43% feet higher than the Brooklyn Bridge of New York, and a horizontal clearance of 1,200 feet was required, which is approximately the width of Hell Gate Channel in New York. This made it necessary to design the longest cantilever span of any bridge in North America. On October 13, 1928, the Pacific Bridge Co. started excavation for piers, the interim having been spent in making surveys and preliminary investigations. On October 13, 1928, the contract was made for the construction of the bridge and preliminary work commenced. On November 5, 1928, detailed plans were submitted. The piers were approved early in March of the following year and the first concrete was poured in Pier 1 on March 23, 1929. On April 6, 1929, the three secretaries approved the plans for the cantilever spans, steel towers, and pedestals. Work was continued through the summer until the following January, when a severe cold spell and ice in the Columbia River caused a lay-off for nearly a month. The bridge was finally completed and opened to traffic on March 29, 1930. I am inclosing herewith a copy of the front page of the Longview Daily News of that date. I am inclosing, also, several pages of a special edition of the Longview paper of that date, also copy of two telegrams I have received, one from John Philip, county judge of Columbia County, St. Helens, Oreg., and one from the Longview Bridge Co. As I pointed out to you in a previous letter, the law passed by Congress included the bridge and approaches. Unfortunately, in the contract the contractors were required to pave these approaches with concrete. The county commissioners, according to well-established practice, declined to permit the concrete to be laid until the macadam road has had time to settle. The extension of time is, therefore, desired for the following reasons: 1. Although the bridge has been completed for all practical purposes and is now being used, one of the approaches to the bridge has not yet been paved with concrete as required by the various contracts for the construction and financing of the bridge. The approach has been paved with macadam and is in perfect condition for use, but has not been paved with concrete because the county authorities will not permit the permanent surface to be laid until the roadbed has thoroughly settled. 2. The various contracts with the underwriters of the bridge company's securities provide that if the work is not fully completed by June 1, 1930, an extension by Congress must be obtained. Since the above-mentioned approach is, in a sense, part of the bridge, the bridge company is confronted with the remote possibility of a claim that the Federal franchise to build the bridge has not been technically complied with. This may throw a cloud upon the legality of the bridge, which would have a most unfair and unfortunate effect upon the bondholders who have contributed the money with which to build the bridge. Inasmuch as the bridge is a project of considerable magnitude, especially for the part of the country in which it is located, and inasmuch as security holders of the bridge company scattered all over the United States are interested in establishing beyond any doubt that the bridge is a lawful structure within the most technical meaning of the various contracts, it is highly important that Congress grant an extension that will allow ample time for the roadbed of the approach to settle and to obtain the approval of county authorities to lay the concrete surface. Sincerely yours, O ALBERT JOHNSON. |