Page:United States Statutes at Large Volume 45 Part 1.djvu/460

 SEVENTIETH CONGRESS. SESS. I. CHs. 323, 324 . 1928 . 409 proper maintenance, repair, and operation of the bridge and its Record of disburse- approaches under economical management. An accurate record of ments and receipts. the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be avail- able for the information of all persons interested. Sw orn state ment of SEC. 4. The Point Pleasant and Henderson Bridge Company. its construction costs, etc ., successors and assigns, shall, within ninety days after the completion i one filed after comple- of such bridge, file with the Secretary of War and with the highway dep artment of the S tate of West Vir ginia, a sworn i temized statemen t 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 re ary of Examination by Sec- Secretary of War may, and at the request of the highway department of the State of West Virginia, 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 promoting such bridge ; for the purpose of such investigation the said Point Pleasant and Henderson Bridge Company, its successors and assigns, shall make available all of its records in connection with the construction, Findingsofsecretary financing, and promotion thereof. The findings of the Secretary of conclusive. War as to the reasonable costs of the construction, financing, and promotion of t he bridge shall be conclusive for the pu rposes men- tioned in section 2 of this Act, subject only to review in a court of equity for fraud or gross mistake. Right to sell, etc., SEC. 5 . The right to sell, a ssign, t ransfer, and mor tgage al l the conferred. rights, powers, and privileges conferred by this Act is hereby granted to Point Pleasant and Henderson Bridge Company, its successors and assigns, and any corpora tion to which or any pers on to wh om 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 th ough con ferred h erein di rectly u pon such corpora tion or person. SEC. 6. The right to alter, amend, or repeal this Ac t is hereby Amen dment. expressly reserved. Approved, April 6, 1928. April 6. 1928. CHAP. 324.-An Act Granting the consent of Congress to the States of [5.2827 .1	South Dakota and Nebraska to construct, maintain, and operate a bridge across [Publ ic, No . 242 .] the Missouri River at or near Niobrara, Nebraska. Be it enacted by the Senate and House of Representatives of the Missouri River. Unit ed S tate s of Ame rica in Cong ress ass embl ed That the consent south Dakota and of Congress is hereby .granted to the States of ~outh Dakota and at Niobra may bridge, ra, Nebr. Neb raska to constru ct, main tain, an d operat e a brid ge and a pproache s thereto across the Missouri River, at a point suitable to the interests of navigation, between a point at or near Niobrara, Knox County, Nebraska, and a point opposite in the State of South Dakota, in Const ruction . accordance with the provisions of the Act entitled "An Act to regu- vol.34, p.84. late th e construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations con- tained in this Act. SEC. 2. There is hereby conferred upon the States of Nebraska Right to acquire real y estat e,etc. ,f or loc at io n, and South Dakota all such rights and powers to enter upon lands approaches, etc. and to acquire, condemn, occupy, possess, and u se real estate and ot her prop erty nee ded for the loca tion, co nstructi on, oper ation, a nd

�