Page:United States Statutes at Large Volume 45 Part 1.djvu/782

 SEVENTIETH CONGRESS. SEss. I. Cn. 729. 1928 . '731 to the difference between the actual fair cash value of such bridge det ermined in ac cordance with the provision s of section 3 of th is Act and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. Maintenance, etc ., of If the right of purchase or condemnation conferred by this Act shall highway bridge . 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, animals, or vehicles shall be maintained, operated, and kept in repair by the purchaser thereof. SEC. 6. The Kansas City Southern Railway Company, its successors and assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway depart- ment of the State of Missouri a sworn itemized statement showing the actua l origi nal cos t of c onstruc ting th e brid ge and its app roache s, the actual cost of acquiring any interest in real property necessary Ex amin ation by Sec. therefor, and the actual financing and promotion costs. The Secre- retary of war. tary of War may, and at the request of the highway department of the State of Missouri shall, at any time within three years after the co mple tion of such bri dge, inv esti gate suc h co sts and dete rmin e th e 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 The Kansas City Southern Railway Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promo tion thereof. The findings of the Secretary of War as to the Fi nding s of Secr etar y reasonable costs of the construction, financing, and promotion of the conclusive. bridge shall be conclusive for the purposes mentioned in section 3 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. The Kansas City Southern Railway Company, its successors Tolls authorized. and assigns, is hereby authorized and empowered to fix and charge just and re asonab le toll s for t he pas sage of such b ridge of pede strians , animals, and vehicles adapted to travel on public highways, and the' Vol.34,p.s5. rates so fixed shall be the legal rates until the Secretary of War shall prescribe other rates of toll as provided in the Act of March 23, 1906 ; and if said bridge is constructed as a railroad bridge, or a joint railroad and highway bridge, as provided in this Act, the said The Kansas City Southern Railway Company, 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 any other such Determination in ab- purposes, the terms, conditions, and rates of toll for such use ; but sence of contract. in the absence of such contract, the terms, conditions, and rates of toll for such use shall be determined by the Secretary of War as Vol.34,p.35. provided in said Act of March 23, 1906. Right 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 Kansas City Southern Railway 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 thoug h conferred h erein directly upon such co rporation or person. Ame ndme nt- SEC. 9 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Appro ved, M ay 24, 1928. 5483 5'-20-PT 1-50 Sw orn state ment of construction costs, etc ., to be filed after comple- tion. If a joint railroad and high way bridge, con- tract authorized for use fo r rai lway trai ns, and other public utilities.

�