Lapas attēli
PDF
ePub

BRIDGE ACROSS CHOCTAWHATCHEE RIVER IN

GENEVA COUNTY, ALA.

DECEMBER 11, 1906.—Referred to the House Calendar and ordered to be printed.

Mr. RICHARDSON, of Alabama, from the Committee on Interstate and

Foreign Commerce, submitted the following

REPORT.

[To accompany H. R. 20510.)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 20510) to authorize the court of county commissioners of Geneva County, Ala., to construct a bridge across the Choctawhatchee River in Geneva County, about 6 miles above the town of Geneva, Ala., having considered the same report thereon with a recommendation that it pass.

The bill has the approval of the War Department, as will appear by the indorsements attached and which are made a part of this report.

[Second indorsement.)

WAR DEPARTMENT,
OFFICE OF THE CHIEF OF ENGINEERS,

Washington, December 7, 1906. Respectfully returned to the Secretary of War.

The accompanying bill, H. R. 20510, Fifty-ninth Congress, first session, to authorize the construction of a bridge across Choctawhatchee River makes ample provision for the protection of navigation interests, and I know of no objection to its favorable consideration by Congress so far as those interests are concerned.

A. MACKENZIE,
Bi ig. Gen., Chief of Engineers, U. 8. Army.

[Third indorsement.)

WAR DEPARTMENT, December 7, 1906. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives, inviting attention to the foregoing report of the Chief of Engineers, United States Army.

ROBERT SHAW OLIVER,

Assistant Secretary of War. O

2d Session.

No. 5409.

BRIDGE AT FORT SNELLING, MINN.

DECEMBER 11, 1906.—Referred to the House Calendar and ordered to be printed.

Mr. STEVENS, of Minnesota, from the Committee on Interstate and

Foreign Commerce, submitted the following

REPORT.

[To accompany H. J. Res. 196.)

The Committee on Interstate and Foreign Commerce, to whom was referred the joint resolution (H. J. Res. 196) relating to the construction of a bridge at Fort Snelling, Minn., having considered the same, report thereon with a recommendation that it pass.

This resolution has been submitted to General Mackenzie, Chief of Engineers, Department of War, and Hon. R. J. Tracewell, Comptroller, and by them has been approved, as will appear from letters hereto attached and made a part of this report.

WAR DEPARTMENT,
OFFICE OF THE CHIEF OF ENGINEERS,

Washington, December 5, 1906. SIB: I have received a statement from Col. J. B. Quinn, Corps of Engineers, in St. Paul, that the Twin City Rapid Transit Company has advanced $5,000 toward the construction of the bridge across the Mississippi River at Fort Snelling, and a request for instruction whether he can proceed with the necessary borings and preparation of plans for further consideration; but I find that the matter is entirely blocked by a recent decision of the Comptroller of the Treasury to the effect that none of the funds that may be provided from private sources for this bridge, as required by the act authorizing the bridge, will be available for expenditure until Congress has taken further action.

Knowing your interest in the bridge, I give you this information at once, as all work will remain at a standstill unless relief shall be provided by further legislation. Very respectfully,

A. MACKENZIE,

Brig. Gen., Chief of Engineers, U. 8. Army. Hon. F. C. STEVENS,

House of Representatives.

TREASURY DEPARTMENT,

Washington, December 7, 1906. SIR: I have received a communication dated the 22d ultimo from the Chief of Engineers, United States Army, written by your authority, requesting my decision of a question presented by him as follows:

“I have the honor to invite your attention to the act of March 17, 1906 (Public-No. 50), authorizing the construction of a bridge between Fort Snelling Reservation and St. Paul, Minn. Section 5 of the act provides that contributions toward the construction of the bridge shall be made by the city of St. Paul and any street-railway company receiving any right of transit across the bridge before any obligations shall be incurred by the United States. Both the city of St. Paul and the Twin City Rapid Transit Company (the only line concerned) have signified their willingness to pay over to the United States, when called upon, the sums specified in the act, viz, $100,000 and $25,000, respectively, and the Acting Secretary of War on the 29th ultimo approved the project for the construction of the bridge.

“ Lieut. Col. G. McC. Derby, the engineer officer at St. Paul, has received $5,000 from the Twin City Rapid Transit Company as part payment of its contribution, and the amount has been deposited to the credit of the Treasurer, United States. Information is respectfully requested as to the proper title of the account under which the amount should be covered into the Treasury, and whether the amount will then be available for expenditure in making surveys and borings and doing other preliminary work in connection with the construction of the bridge.

“ By authority of the Secretary of War."

Sections 5 and 8 of the act of March 17, 1906 (34 Stat. L., 66-68), authorizing the construction of a bridge between Fort Snelling Reservation and St. Paul, Minn., provide :

Sec. 5. That before any money shall be expended or any obligation shall be incurred under the provisions of this act by the United States there shall be paid or secured to the United States, in such manner as the Secretary of War may direct, not less than one hundred thousand dollars from the city of Saint Paul and not less than twenty-five thousand dollars from any electric street railway company receiving any right of transit across such bridge and such sum from any steam railway company hereafter using such bridge as the Secretary of War may determine; and whenever such sums shall be so paid or secured, contract or contracts may be entered into by the Secretary of War for such rights, lands, materials, or work as may be necessary to undertake, commence, or complete such project, or any part thereof, not to exceed in the aggregate the sum hereinafter provided."

“ SEC. 8. That the limit of cost for the construction of a new bridge or for replacing, altering, or remodeling of any existing structure shall in no case exceed the sum of two hundred and fifty thousand dollars, and in no case shall the expenditure on the part of the United States exceed the sum of one hundred and twenty-five thousand dollars."

The above act authorizes the Secretary of War to construct a bridge between the places named, but makes no appropriation therefor. The said act provides for the payment or securing to the United States by the city of St. Paul and any electric street railway company receiving any right of transit across the bridge of the sum of $125,000, and whenever such sum shall be so paid or secured to the United States, contract or contracts may be entered into by you for such purposes as may be necessary to undertake, commence, or complete the bridge, or any part thereof, not to exceed in the aggregate the sum of $250,000. Congress has made no provision for the expenditure of the said sum of $125.000, but only that when it has been paid or secured to the United States in such manper as you may direct you may proceed to contract to an amount not exceeding $250,000.

Congress not having made an appropriation for the construction of this bridge, I am inclined to think that it was the intention that any amount actually received from the sources indicated in the statute should be held in a trust capacity by the United States until such time as Congress should make an appropriation for the construction of the bridge, and when done, such amount should be covered into the Treasury, unless otherwise directed by Congress, and drawn therefrom in the manner provided by law. The act, supra, contemplates, it seems to me, that the use by the United States of the sum indicated is conditional upon the construction of the bridge by the United States, and so, instead of at once covering the money into the Treasury, from wbich it could only be withdrawn by Congressional action, it would seem to me proper that it should be held by the United States in a trust capacity until Congress appropriates money for the construction of the bridge.

I am of opinion, therefore, that the amount received from the city of St. Paul and the street railway company especially interested should for the present be deposited in the Treasury to the credit of the Secretary of War, so to remain until Congress makes an appropriation for the construction of the bridge, when said sum should be regularly covered into the Treasury, unless otherwise directed by Congress.

I am also of opinion that the amount so received will not be available for expenditure in connection with the work of the construction of the bridge until Congress thus makes an appropriation. Respectfully,

R. J. TRACEWELL, Comptroller. The SECRETABY OF WAB.

[ocr errors]
« iepriekšējāTurpināt »