Page:United States Statutes at Large Volume 45 Part 1.djvu/558
SEVENTIETH CONGRESS. SEss. I. CHs. 542, 543. 1928.
507 approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion Costs . Examinatio n by Sec . The Secretary of War may, and at the request of the highway retary of War. department of either of such States shall, at any time within three 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 promot- ing such bridge. For the purpose of such investigation the said Dupo Bridge Company, its successors and assigns, shall make avail- able a ll of its records in connec tion with the cons truction, financin g, Findings of Secretary and promotion thereof . The findings of the Secretary of War as c onclusive . to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in sec- tion 3 of this Act, subject only to review in a court of equity for fraud or gross mistake . SEC. 7. The D upo B ridge Com pany, its succ essor s and assi gns, is Toll s au thori zed . hereby authorized and empowered to fix and charge just and reason- able tolls for the passage of such bridge of pedestrians, animals, and vehicles adapted to travel on public highways, and the rates so fixed shall be the legal rates until the Secretary of War shall prescribe Vol .34,p.85. other rates of toll as provided in the Act of March 23, 1906 ; and if Contracts for use by said bridge is constructed as a railroad bridge, or a joint railroad and railway lines, public highway bridge, as provided in this Act, the said Dupo Bridge Com- utilities, etc' pany, its successors and assigns, is hereby authorized to fix by contract with any person or corporation desiring the use of the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric light or power lines, or for an y othe r such purpo ses, t he ter ms, con dition s, and rates of Terms in absence of toll for such use ; but in the absence of such contract, the terms, con- contract, ditions, and rates of toll for such use shall be determined by the Secretary of War as provided in said Act of March 23, 1906 .
Vl .34 'to Sell, etc ., SEC . 8 . The right to sell, assign, transfer, and mortgage all the conferred . rights, powers, and privileges conferred by this Act is hereby granted to the Dupo Bridge Company, its successors and assigns, and any corporation to which or any person to whom such rights, po wers, and priv ilege s may be sold, assi gned , or trans ferre d, o r who shall acquire the same by mortgage foreclosure or otherwise, is hereby autho rized and em powere d to e xercise the s ame as fully as though conferred herein directly upon such corporation or person . Amend ment. SEC . 9 . The right to alter, amend, or repeal this Act is hereby exp ressly reser ved . Approved, May 14, 1928 . May 14, 1928 . CHAP . 543 .-An Act Authorizing J . T . Burnett, his heirs, legal representa- [s . 3862 .] tives, and assigns, to construct, maintain, and operate a bridge across the Mis- [Public, No . 378 .] sissippi River at or near Tiptonville, Tennessee . Be it enacted by the Senate and House of Representatives o f the United States of America in Congress assembled That in order to Mississippi River. J . T. Burnett may fac ilitat e inte rstate comme rce, i mprove the po stal s ervice , and pro- br idge, at Tipto nvil le, vide for military and other purposes, J . T . Burnett, his heirs, legal Tenn . representatives, and assigns, be, and is hereby, authorized to con- str uct, m aintai n, and opera te a b ridge and app roache s ther eto ac ross the Mississippi River, at a point suitable to the interests of naviga- tio n, at or nea r Tipt onvill e, Ten nessee , in ac cordan ce wit h the pro- Const ruction . visions of the Act entitled "An Act to regulate the construction of Vol.34,p. 84. bridges over navigable waters," approved March 23, 1906, and sub- Pest, p . 1451 . ject to the conditions and limitations contained in this Act. 54835°-29-PT 1-36