Page:United States Statutes at Large Volume 45 Part 1.djvu/757

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706

SEVENTIETH CONGRESS . SEss . I. CHs. 681, 682. 1928 . 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 Inter- state Bridge Company, its successors and assigns, shall make avail- able all of its records in connection with the construction, financing, Findings of Secretary and promotion thereof. The findings of the Secretary of War as to conclusive . the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake . conferred. sell, etc.,

SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the Interstate Bridge Company, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though co nferred herein directly upo n such corpor ation or perso n . Amendmen t.

SEC . 8 . The right to alter, amend, or repeal this Act is hereby expressly reserved . Approv ed, Ma y 22, 1928 . May 22, 192 8.

CHAP. 682.-An Act Authorizing Henry Horsey, Winfield Scott, A . L.

[S . 4357 .] gallegoin, and Frank Schee, their heirs, legal representatives, and assigns, to [Public, No. 470.1 construct, maintain, and operate a bridge across the Des Moines River at or near Croton, Iowa. Be it enacted by the Senate and House of Representatives o f the Des Moines River. United States o f America in Congress assembled, That in order to Hen ry ho rse y, etc ., may bridge, at Croton, facil itate i nterst ate com merce, improv e the p ostal s ervice , and p rovide Iowa.

for military and other purposes, Henry Horsey, Winfield Scott, A .L. Ballegoin, and Frank Schee, their heirs, legal representatives, and assi gns, be, and are her eby, aut hori zed to c onst ruct , ma inta in, and operate a bridge and approaches thereto across the Des Moines River, Construction . at a point suitable to the interests of navigation, at or near Croton, Vol. 34, p.84. Iowa, in accordance with the provisions of the Act entitled "An Act Post, p . 1535 .

to rgulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the condition and limitations contained in this Act . Right to acquire real SE C. 2. There is hereby conferred upon Henry Horsey, Winfield approaches, for location, Scott, A . L. Ballegoin, and Frank Schee, their heirs, legal representa- tives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to cee Co ndemnation pro- be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State . Tolls authorized. SEC. 3. The said Henry Horsey, Winfield Scott, A . L . Ballegoin, and Henry Schee, their heirs, legal representatives and assigns, are he reby a uthoriz ed to f ix and charge tolls for tr ansit o ver suc h brid ge, and the rates of toll so fixed shall be the legal rates until changed Vol.34,p. 85 .

by the Secretary of War under the authority contained in the Act of March 23, 190 6. Acquisition author . SEC . 4 . After the completion of such bridge, as determined by ,z ed, a fter comp leti on, by Iowa, Missouri, etc . the Secretary of War, either the State of Iowa, the State of Mis- souri, any public agency or political subdivision of either of such