Page:United States Statutes at Large Volume 45 Part 1.djvu/657

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SEVENTIETH CONGRESS . SEss . I. Cns. 627, 628 . 1928 . such investigation the said Calhoun Bridge Company, its successors and assigns, shall make available all of its records in connection Findings of Secretary with the construction, financing, and promotion thereof. The find- conclusive . ings of the Secretary of War as to the reasonable costs of the con- struction, financing, and promotion of the 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 . Tolls authorized .

SEC. 7. T he Calhoun Br idge Company, its successor s and assigns is hereby autho rized and e mpower ed to fix a nd cha rge 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 Secretary of War shall Vol.34,p.s5. Contract with public prescribe other rates of toll as provided in the Act of March 23, utilitie s for use of 1906 ; and if said bridge is constructed as a railroad bridge, or a bridge authorized . joint railroad and highway bridge, as provided in this Act, the said Calhoun Bridge 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 Tolls in absence of electric light or power lines, or for any other such purposes, the con tra ct . terms, conditions, and rates of toll for such use ; but 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 provided in said Vol.34,p.85.

Act of March 23, 1906 . conerredto sell, etc., SEC, 8 . The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereb y granted to the Calhoun 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 conferred herein directly upon such corporation or person . Amendment.

SEC . 9 . The right to alter, amend, or repeal this Act is hereby expressly reserved . Approv ed, Ma y 18, 1928 . May 18, 1928 .

[S .4045.] CHAP. 628.-An Act Granting the consent of Congress to the highway [Public, No . 427.1 department of the State of Tennessee to construct a bridg e across the French Broad River on the Newport-Asheville (North Carolina) Road near the town of Del Rio in Cocke County, Tennessee. Be it enacted by the Senate and House of Representatives o f the French Broad River . Tennessee may United St ates of Americ a in Congress assembled, That the consent bridge, at Del Rio . of Congress is hereby granted to the highway department of the State of Tenn essee, and it s succe ssors and ass igns, t o cons truct, main- tain, and operate a free highway bridge and approaches thereto across the French Broad River, at a point suitable to the interests of navigation, on the Newport-Asheville (North Carolina) Road Construction .

near the town of Del Rio, in Cocke County, in the State of Ten- Vol. 34, p. 84. nessee, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. Am endment .

SEC . 2 . That the right to alter, amend, or repeal this Act is hereby expressly reserved . Approved, May 18, 1928 .