Page:United States Statutes at Large Volume 45 Part 1.djvu/370

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SEVENTIETH CONGRESS . SESS. I. Ciis. 225, 226. 1928 .

319 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 accura te rec ord of the a mount paid f or acqu iring the br idge a nd its approa ches, the ac tual e xpendi tures for mai ntaini ng, re pairin g, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested . SEC . 6 . E . M . Elliott, Chicago, his heirs, legal representatives, and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War, and with the highway departments of the States of West Virginia and Ohio, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property nece ssary ther efor, and the actua l fi nanci ng an d pr omoti on co sts . The Secretary of War may, and upon request of the highway depar tment of eit her of such States shall, at an y time withi n thre e 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 E . M . Elliott, Chicago, his heirs, legal representatives, and assigns, shall make available all records in connection 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 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 rights , powers, and priv ileges co nferred b y this Ac t, is her eby grant ed to E. M. Elliott, Chicago, his heirs, legal representatives, and assigns, and any corporation to which or any person to whom such rights, power s, and privi leges may be sold, assign ed, or trans ferred , or w ho shall acquire the same by mortgage foreclosure or othewise, is hereby authorized and empowered to exercise the same as fully as though confe rred h erein direct ly upo n such corpor ation or per son . SEC . 8. The right to alter, amend, or repeal this Act is hereby expressly reserved . Approved, March 16, 1928 . Record of expendi- tures and receipts . Sworn statement of construction costs to be made afte r co mplet ion . Investigation by Se , retary of War . Find ings of S ecre tary conclusive . Right to sell, etc ., conferred . Amendment. March 16, 1928. CHAP. 226.-An Act Authorizing C . J . Abbott, his heirs, legal representa- [x . R . 7183 .] tives, and assigns, to construct, maintain, and operate a bridge across the Ohio

[Public No . 176.] River at or near Golconda, Illinois. Be it enacted by the Senate and House o f Representatives o f the United States of America in Congress assembled, That in order to C Ohio . J . Abb ott may facilitate interstate commerce, improve the Postal Service, and bridge , at Golcond a, provide for military and other purposes, C . J . Abbott, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navigation, at or near Golconda, Pope County, Illinois, and a point opposite thereto in Livin ston County, Kentucky, in accordance with the provisions Val.34 o , Construction. p. 84. of the Act entitled "n Act to regulate the construction of bridges Post,p . 1527 . over navigable waters," approved March 23, 1906, and subject to the cond itions and l imitat ions c ontain ed in t his Ac t .