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across navigable waters at or near Mastic, southerly to Fire Island, Suffolk County, N. Y.

HARRY H. WOODRING,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, April 19, 1938. Hon. CLARENCE F. LEA, Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. LEA: Careful consideration has been given to the bill, H. R. 10117, transmitted with your letter of April 5 with request for a report thereon and such views relative thereto as the Department might desire to communicate.

This bill would grant the consent of Congress to the county of Suffolk, State of New York, or to any public instrumentality created or provided for under the laws of the State of New York, for the construction, maintenance, and operation of a bridge and approaches thereto across navigable waters in said county, separating Fire Island from the southerly side of Long Island at a point near Mastic, known as Smith Point, southerly to said Fire Island.

The bill provides that if tolls should be charged for the use of the bridge the rates thereof shall be so adjusted as to provide for reasonable annual maintenance, repair, and operation costs and to create a sinking fund sufficient to amortize the cost of the bridge and its approaches within not to exceed 40 years from the date of completion. After a sinking fund sufficient for such amortization shall have been provided, the bridge would have to be maintained and operated free of tolls, or the rates would have to be so adjusted as to provide a fund sufficient only for annual maintenance, repair, and operation costs.

The bill is indefinite as to what public instrumentality or agency aside from Suffolk County itself would be authorized thereunder to construct, maintain, and operate the bridge in question. It is believed desirable that grant of authority in such cases should be more definite as to the agency which may exercise the powers and privileges which the grant would give. It is suggested, therefore, that this uncertainty should be removed by striking out the language beginning with the word “or”, line 4, page 1, down to and including the words “New York", line 6. If Suffolk County should not be able for any reason to proceed with the construction of the bridge and some other public agency or instrumentality should desire similar authority, it then could seek an authorization from Congress for that purpose.

After å publicly owned toll bridge has produced enough revenue from tolls to amortize its cost, after having met annual maintenance, repair, and operating expenses during the period of toll collection, it is the Department's view that it thereafter should be operated free of tolls. It is suggested, therefore, that this bill should be amended so as to eliminate the provision for tolls to meet maintenance, repair, and operation costs after a sinking fund sufficient for amortization of the cost of the bridge shall have been provided. This can be accomplished by striking out all beginning with the word "or", line 19, page 2, down to and including the word “management", line 23, page 2.

Subject to the above, the bill is without objection so far as this Department is concerned. Sincerely,

W. R. GREGG, Acting Secretary.

House OF REPRESENTATIVES,

Washington, D. C., April 18, 1938. The CLERK, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

House of Representatives. MY DEAR MR. LAYTON: Responsive to your letter of the 12th, relative to H. R. 10117, I attach hereto, in duplicate, a letter from Mr. Charles H. Stoll, official counsel to the bridge and causeway committee of the board of supervisors of Suffolk County, N. Y., which answers in detail the questions put in your own letter. If there is any additional information you desire, please let me know. Sincerely,

ROBERT L. BACON.

HICKSVILLE, LONG ISLAND, N. Y.,

April 15, 1998. Re H. R. 10117, introduced by Hon. Robert L. Bacon. ELTON J. LAYTON, Esq., Clerk, Committee on Interstate and Foreign Commerce,

House Office Building, Washington, D. C. DEAR MR. LAYTON: Congressman Bacon has forwarded to me your letter of the 12th instant in connection with the above-entitled bill. Inasmuch as I am the official counsel to the bridge and causeway committee of the board of supervisors of Suffolk County I assume that my reply to your letter will be acceptable.

I shall endeavor to answer the questions by number as referred to in your letter:

1. There is no ferry now in operation at or near the location of the Smithpoint Bridge. The only means of reaching the ocean frontage anywhere near this vicinity is by private boat.

2. The people of the town of Brookhaven, which is one of the largest towns of the county of Suffolk, have been most anxious for a number of years that this bridge be constructed, and particularly strong sentiment exists for having a toll bridge so that the traffic using the bridge might in a measure pay for its construction.

3. During the past year the press of both the Republican and Democratic Parties have been almost unanimous in their demand that the bridge be constructed, that tolls be charged, and that every effort be made to have the bridge constructed so as to bring to Long Island its fair proportionate benefits resulting from the World's Fair activity.

4. The State of New York and the County of Suffolk, are undoubtedly in such a financial condition that such bridge could be constructed as a free bridge but the State has in no way indicated that it is desirous of constructing such bridge at the present time. As a matter of fact, Governor Lehman vetoed two important bills before the legislature authorizing the construction of parkways and bridges affecting a portion of the territory in Kings County. Insofar as Suffolk County is concerned, this bridge was one of the projects authorized by the resolution of the board of supervisors of April 27, 1931, almost 7 years ago. There was sufficient objection at that time to the construction of the bridge as a free bridge, the cost to be borne by the taxpayers, that an action was brought entitled “Macrum v. Hawkins” which finally went to the Court of Appeals and is reported in 261 New York 193.

5. It is my opinion, and I might say the members of the board of supervisors have expressed themselves unqualifiedly to the effect that the bridge will not be built in the near future as a free bridge. The only bridge which they will consider is one where tolls are charged.

I am herewith submitting a petition which is addressed to the Governor, Senate, and the Assembly of the State of New York, which was signed by the various civic organizations and organizations interested in civic affairs, which represented approximately 11,000 people. The Long Island Association has taken a most definite stand in favor of the bridge. The Suffolk County Association, which was organized over a year ago with its principal purpose of bringing about the construction of this bridge, and the Long Island loop bridges, has a membership covering the entire county, and has made every effort to bring about the commencement of the construction of the bridge program.

It it should be desired by the committee, arrangements can be made for the appearance before the committee of members of the board of supervisors, and also the submission of publicity, resolutions, and petitions in support of the request of the county of Suffolk for the enactment of the above-entitled bill.

I will be glad to be of any further assistance that I may be in connection with the matter.

I will appreciate your advising me.
Thanking you for your courtesy in the matter, I am,
Yours very truly,

CHARLES H. STOLL.
O

TOLL BRIDGES ACROSS NAVIGABLE WATERS IN SUFFOLK

COUNTY, N. Y.

May 3, 1938.-Referred to the House Calendar and ordered to be printed

Mr. KENNEDY of New York, from the Committee on Interstate and

Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 10118)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 10118) granting the consent of Congress to construct, maintain, and operate toll bridges, known as Long Island Loop Bridges, across navigable waters at or near East Marion to Shelter Island, and Shelter Island to North Haven, Suffolk County, N. Y., having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

Page 1, lines 4 to 6, after the word "York” in line 4, strike out the comma and the words “or to any public instrumentality created or provided for under the laws of the State of New York”.

Page 2, after the word “tolls” in line 24, strike out the comma and the balance of lines 24 and 25.

Page 3 strike out all of lines 1 and 2 and in line 3 strike out the word "agement".

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

(Second endorsement]

WAR DEPARTMENT,

April 12, 1938. Respectfully returned to the chairman, Committee on Interstate and Foreign Commerce, House of Representatives.

So far as the interests committed to this Department are concerned, I know of no objection to the favorable consideration of the accompanying bill, H. R. 10118, Seventy-fifth Congress, third session, granting the consent of Congress to construct, maintain, and operate toll bridges, known as the Long Island Loop Bridges, across navigable waters at or near East Marion to Shelter Island, and Shelter Island to North Haven, Suffolk County, N. Y.

Louis JOHNSON, Acting Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, April 19, 1938. Hon. CLARENCE F. LEA, Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. LEA: Careful consideration has been given to the bill, H. R. 10118, transmitted with your letter of April 5 with request for a report thereon and such views relative thereto as the Department might desire to communicate.

This bill would grant the consent of Congress to the county of Suffolk, State of New York, or to any public instrumentality created or provided for under the laws of the State of New York, to construct, maintain, and operate a bridge and approaches thereto across navigable waters in said county between the northerly side of Shelter Island and the southerly side of the north fluke of Long Island, at a point near East Marion, known as Cleaves Point, southerly to Hay Beach Point, Shelter Island, and also a bridge and approaches thereto across navigable waters in said county, separating the southerly portion of Shelter Island from the northerly portion of North Haven at a point from the southerly side of Shelter Island, known as South Ferry, southerly to North Haven.

Provision is made in the bill that if tolls are charged for the use of such bridges the rates shall be so adjusted as to provide a fund sufficient to meet annual maintenance, repair, and operation costs and create a sinking fund sufficient to amortize the cost of the bridges and their approaches within a period of not to exceed 40 years from the completion thereof. Thereafter such bridges would be required to be maintained and operated free of tolls, or the rates of toll would have to be so adjusted as to provide a fund sufficient only for proper maintenance, repair, and operation costs.

It seems to the Department that the bill is too indefinite as to whom the authority to construct such bridges would be granted. It is believed that this uncertainty should be eliminated by confining the authorization to the county of Suffolk, State of New York, by striking out the language beginning with the word "or, line 4, page 1, down to and including the words "New York," line 6. If the county should be unable to proceed with the construction of the bridges in question, then any other agency or public instrumentality created or provided for under the laws of the State desiring to construct such bridge could obtain an authorization from Congress for that purpose.

It is noted that after the bridges shall have provided a sinking fund sufficient to amortize the cost of their construction they shall be maintained and operated free of tolls, or the rates of toll thereafter shall be so adjusted as to provide only for annual maintenance, repair, and operation costs. It is the view of the Department that after publicly owned toll bridges, as these would be, have amortized their cost from the proceeds of the tolls, in addition to meeting annual maintenance, repair, and operation costs during the period of toll collection, they thereafter should be maintained and operated free of tolls.

Subject to the above suggestions, the bill is without objection so far as this Department is concerned. Sincerely,

W. R. GREGG,

Acting Secretary.

HOUSE OF REPRESENTATIVES,

Washington, D. C., April 18, 1938. The CLERK, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

House of Representatives. MY DEAR MR. LAYTON: Responsive to your letter of the 12th, relative to H. R. 10118, I attach hereto, in duplicate, a letter from Mr. Charles H. Stoll, official counsel to the bridge and causeway committee of the Board of Supervisors of Suffolk County, N Y., which answers in detail the questions put in your own letter. If there is any additional information you desire, please let me know. Sincerely,

ROBERT L. BACON.

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