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LAW OFFICES OF SMITH & O'CONNOR,
Dubuque, Iowa, February 7, 1939.

ELTON J. LAYTON,

Clerk, Washington, D. C.

DEAR SIR: Answering your letter of January 31 concerning the above bill I submit the following answers to your several inquiries:

1. No ferry now in operation or near the proposed location of the bridge.

2. There are, at present two toll bridges presently privately owned, each running into the city of Dubuque. One connects with the town of East Dubuque, Ill. which is a town of about 1,000 people, and the other bridge is about 2 miles and runs from the outskirts of the city of Dubuque into Wisconsin but no town on the Wisconsin side.

3. I can safely say to you that the city of Dubuque and East Dubuque are practically unanimous for the construction of the proposed bridge.

4. Neither the county nor municipality in which the new bridge is to be located is at present in financial condition to construct a free bridge.

5. In my judgment there is no probability that the county or municipality will in the near future construct a free bridge at that location.

In a very general way may I say that I have had wide contacts with a great many interests in Dubuque and the project is sponsored and furthered by the chamber of commerce, the Greater Dubuque Association, and, so far as I know, by practically all the people living in the city of Dubuque.

Very truly yours,

SMITH & O'Connor, By F. A. O'Connor.

EXTENDING TIMES FOR COMMENCING AND COMPLETING CONSTRUCTION OF BRIDGE OVER THE MISSOURI RIVER AT POPLAR, MONT.

JUNE 28, 1939.-Referred to the House Calendar and ordered to be printed

Mr. MARTIN of Colorado, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany S. 1907]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 1907) to extend the times for commencing and completing the construction of a bridge across the Missouri River, at or near Poplar, Mont., having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

WAR DEPARTMENT, April 29, 1939. Respectfully returned to the chairman, Committee on Commerce, United States Senate.

The accompanying bill, S. 1907, Seventy-sixth Congress, first session, to authorize the construction of a bridge across the Missouri River at or near Poplar, Mont., is identical with an act of Congress approved July 28, 1937, subject to the provisions of the General Bridge Act of March 23, 1906. The time for commencing the construction of the bridge, as implied by section 6 of the General Bridge Act, expired July 28, 1938, and it is assumed that the purpose of the bill under consideration is to extend the time for construction thereof.

Insofar as the interests committed to this Department are concerned, there is no objection to extending the times for commencing and completing the work of construction for the customary periods of 1 and 3 years, but the Department is of the opinion that it is preferable to authorize the extension of time in the form heretofore adopted by the two Commerce Committees of Congress for such measures rather than to duplicate the act approved July 28, 1937. The changes to the bill necessary to accomplish this purpose have been indicated in red in the copy herewith. If amended as indicated this Department has no objection to the favorable consideration by Congress of S. 1907.

This proposed report was submitted to the Bureau of the Budget which advises that there would be no objection to its submission to the committee.

HARRY H. WOODRING, Secretary of War.

DEPARTMENT OF AGRICULTURE,
Washington, April 13, 1939.

Hon. JOSIAH W. BAILEY,

Chairman, Committee on Commerce,

United States Senate.

DEAR SENATOR BAILEY: Receipt is acknowledged of your letter of March 23, transmitting a copy of a bill (S. 1907) with request that the committee be furnished with such suggestions touching its merits and the propriety of its passage as the Department might deem appropriate.

This bill would authorize the State of Montana, the counties of Roosevelt, Richland, and McCone of said State, or any of them, to construct, maintain, and operate a free highway bridge and approaches thereto across the Missouri River, at or near Poplar, Mont.

This Department knows of no objection that can be offered to the bill and recommends favorable action thereon.

Upon reference of this matter to the Bureau of the Budget, as required by Budget Circular 344, the Acting Director thereof advised the Department of Agriculture under date of April 5, 1939, that there would be no objection on the part of that office to the submission to Congress of this report.

Sincerely,

HARRY L. BROWN, Acting Secretary.

[PUBLIC NO. 221-75TH CONGRESS]

[CHAPTER 531-1ST SESSION]

[H. R. 6496]

AN ACT Granting the consent of Congress to the State of Montana, or the counties of Roosevelt, Richland, and McCone, singly or jointly, to construct, maintain, and operate a free highway bridge across the Missouri River, at or near Poplar, Mont.

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 State of Montana, the counties of Roosevelt, Richland, and McCone thereof, or any of them, to construct, maintain, and operate a free highway bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Poplar, Montana, 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.

SEC. X. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, July 28, 1937.

O

EXTENSION FOR CONSTRUCTION

OF BRIDGE OVER

WATER AT OR NEAR CEDAR POINT, ALA.

JUNE 28, 1939.-Referred to the House Calendar and ordered to be printed

Mr. PATRICK, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 5781)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 5781) to extend the times for commencing and completing the construction of a bridge and causeway across the water between the mainland, at or near Cedar Point and Dauphin Island, Ala., having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows:

Page 2, line 1, after "hereby", insert "further".

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

DEPARTMENT OF AGRICULTURE,
Washington, May 18, 1939.

Hon. CLARENCE F. LEA,

Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives.

Dear Mr. LeA: Careful consideration has been given to the bill, H. R. 5781, transmitted with your letter of April 27 with request for a report thereon and such views relative thereto as the Department might desire to communicate.

This bill would extend for 1 and 3 years, respectively, from the date of its approval, the times for commencing and completing the construction of the bridge and causeway between the mainland at or near Cedar Point and Dauphin Island, Ala., authorized by act of Congress approved February 25, 1927, to be built by the Dauphin Island Railway & Harbor Co., its successors and assigns.

The Department understands that the authorization for the construction of the bridge as originally granted has been assigned to the Alabama Bridge Commission, an agency of the State of Alabama. This would indicate that the matter of constructing the proposed bridge and causeway is now under public control. The Department, therefore, would interpose no objection to the proposed ex tension of times.

Upon reference of this matter to the Bureau of the Budget, as required by Budget Circular 344, the Director thereof advised the Department of Agriculture under date of May 11, 1939, that there would be no objection on the part of that office to the submission of this report to Congress.

Sincerely,

M. L. WILSON, Acting Secretary.

WAR DEPARTMENT, May 24, 1939.

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. 5781, Seventy-sixth Congress, first session, to extend the times for commencing and completing the construction of a bridge and causeway across the water between the mainland, at or near Cedar Point and Dauphin Island, Ala. A minor correction has been indicated in red thereon.

This proposed report was submitted to the Bureau of the Budget, which advises that there would be no objection to its submission to the committee.

HARRY H. WOODRING,
Secretary of War.

[PUBLIC-No. 648-69TH CONGRESS]

(S. 5596)

AN ACT Granting the consent of Congress to Dauphin Island Railway and Harbor Company, its suc cessors and assigns, to construct, maintain, and operate a railroad bridge and approaches thereto and/or a toll bridge across the water between the mainland at or near Cedar Point and Dauphin Island.

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 Dauphin Island Railway and Harbor Company, its successors and assigns, to construct, maintain, and operate a railroad and/or highway bridge and approaches thereto, at a point suitable to the interests of navigation, between Cedar Point and Dauphin Island, Little or Big, Mobile County, Alabama, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

SEC. 2. After the completion of such bridge, as determined by the Secretary of War, either the State of Alabama, any political subdivision thereof within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interests in real property necessary therefor, by purchase or condemnation in accordance with the laws of such State 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 the same is acquired by condemnation, the amount of damages or compensation to be allowed and shall not include any allowance for goodwill, 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 value; (2) the actual cost of acquiring such interests in real property; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improve

ments.

SEC. 3. If such bridge shall at any time be taken over or acquired by any municipality or other political subdivision or subdivisions of the State of Alabama under the provisions of section 2 of this Act, and if tolls are charged for the use thereof, the rates of 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, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from the date of acquiring the same. After a sinking fund sufficient to amortize the cost of acquiring the bridge and its

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