Page:United States Statutes at Large Volume 45 Part 1.djvu/183

 132 SEVENTIETH CONGRESS. SESs. I. Cii. 90. 1928 . Maintenance as a free bridge, etc ., after amortizing costs. Record of expendi- tures and rece ipts. Purchase or condem- nation of comb ined railr oad and highw ay bri dge. Compensation. Mai ntenance of high- way bridge. Sworn statement of construction costs, etc ., to be flied after com- pletion. Investigation by the Secretary of War. Fi ndin gs of Sec re- tary conclusive. Tolls authorized. Vol .34,p.85. sonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such a mortiz ation shall have b een so provid ed, su ch bri dge sh all ther eafter be ma intain ed and opera ted fre e of t oils, or the rates of toll shall 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 manage- ment. An accurate record of the amount paid for acquiring the bridge and it approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons intere sted. SEC. 5. If such bridge is constructed as a combined railroad bridge for the passage of railway trains or street cars, and a highway bridge for the passage of pedestrians, animals, and vehicles, then the right of purchase and condemnation conferred by this Act shall apply to a right of way thereover for the passage without cost of person s, ani mals, and ve hicles adapt ed to t ravel on pub lic hi ghways ; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge, then the measure of damages or compensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this Act, and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. If the right of purchase or condemnation conferred by this Act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, anim als, or ve hicle s, s hall be ma inta ined, oper ated, and kept in repair by the purchaser thereof. SEC. 6 . The Baton Rouge-Mississippi River Bridge Company, its successors and assigns, shall, within ninety days after the comple- tion of such bridge, file with the Secretary of War and with the highway department of the State of Louisiana 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 necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and at the request' of the highway depart ment o f the State of Lou isiana 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 Baton Rouge- Mississippi River Bridge Company, its successors and assigns, shall make available all of its 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 3 of this Act, subject only to review in a court of equity for fr aud or gross mista ke. SEC. 7. The Baton Rouge-Mississippi River Bridge Company, its successors and assigns, is hereby authorized and empowered to fix and charge just and reasonable 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 Secreta ry of War sh all pr escrib e othe r rates of to ll as provid ed in the Act of March 23, 1906 ; and if said bridge is constructed. a s a rail-

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