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ings, each having not less than two hundred feet clear channel-way; and in addition to said draw-openings, all said low bridges shall have one or more fixed channelspans, cach having not less than three hundred and fifty feet clear channel-way; and every part of the superstructure of said low bridges shall give a clear head-room of not less than ten feet above high-water mark: Provided, That all spans of both high and low bridges shall be so located as to afford the greatest possible accommodation to the river traffic, and a draw-opening of low bridges shall, if practicable, be located next or near shore: Provided also, That, in case of a low bridge, if the physical characteristics of the locality so require, and the interest of navigation be not injured thereby, the lengths of the fixed spans or the number of draw-openings may be reduced: Provided also, That for any two adjacent draw-openings of two hundred feet each, one draw-opening of three hundred feet may be substituted, if the interests of navigation be not injured thereby: Provided further, That in low bridges over the Illinois and Des Plaines Rivers, two or more draw-openings of not less than one hundred and sixty feet each may be permitted: Provided further, That on the Mississippi River above the mouth of the Missouri, and on the Illinois and Des Plaines Rivers, bridges may be constructed as pile and ponton bridges, similar to the ponton railway bridge at Prairie du Chien, Wisconsin, legalized by act of Congress approved June six, eighteen hundred and seventy-four; and such bridges shall be provided with a ponton draw, giving not less than four hundred feet clear channel-way for each navigable channel of the river, and such other openings for the passage of rafts and logs as in the opinion of the Secretary of War may be necessary: And provided further, That pile and ponton bridges shall be subject to all the restrictions of this act as regards plans, location, and accessories, as provided for in case of high and low bridges, so far as they are applicable to such kind of bridge.
SEC. 15. That all bridges authorized by this act over the Mississippi River between the mouth of the Missouri River and the northern limits of the city of Saint Louis, Missouri, shall be high bridges with unbroken and continuous spans having at least one channel-span of not less than five hundred feet clear channel-way, all other spans over the water-way to have a clear channel-way of not less than four hundred feet; and all said spans shall have a clear head-room of not less than fifty-five feet above high-water mark.
SEC. 16. That all bridges authorized by this act over the Mississippi River between the Eads Bridge over said river at Saint Louis, Missouri, and the northern limit of said city shall be high bridges with unbroken and continuous spans, and shall have over that portion of the river-bed embraced between the wharf-line of the city of Saint Louis as now established, or as may hereafter be established within the limits specified, and a line parallel thereto, and fifteen hundred feet distant therefrom, spans of not less than five hundred feet clear channel-way, and having not less than fiftyfive feet clear head-room above high-water mark. The spans over the remaining portion, if any, of the river-bed shall have not less than three hundred feet clear channel-way, and may have such reduced head-room as in the opinion of the Board of Engineers, elsewhere provided for in this act, will not be prejudicial to the interests of navigation.
SEC. 17. That all bridges authorized by this act over the Mississippi River between the Eads Bridge at Saint Louis, Missouri, and the mouth of the Ohio River shall be high bridges with unbroken and continuous spans, having at least one channel-span of not less than six hundred and fifty feet clear channel-way, all other spans over the water-way to have a clear channel-way of not less than five hundred feet; and all said spans shall have a clear head-room of not less than sixty-five feet above highwater mark.
SEC. 18. That all bridges authorized by this act over the Mississippi River between the mouth of the Ohio River and Natchez, Mississippi, shall be high bridges with unbroken and continuous spans, having at least one channel-span of not less than feet clear channel-way, all other spans over the water-way to have a clear channel-way of not less than six hundred feet, and all said spans shall have a clear head-room of not less than seventy feet above high-water mark.
SEC. 19. That any authorized person, company, or corporation intending to construct a bridge under the provisions of this act shall give notice for two weeks of such intention, stating the kind of bridge and exact location by publication in papers having a wide circulation in the cities of Saint Louis, Saint Joseph, and Kansas City, in the State of Missouri, Atchison and Leavenworth, Kausas, and Omaha in Nebraska, concerning bridges to be built over the Missouri River; and in newspapers published and having a wide circulation in the cities of Saint Louis, Missouri, Chicago, Quincy, and Peoria. Illinois, Keokuk, Davenport, and Dubuque, Iowa, La Crosse, Wisconsin, and Saint Paul, Minnesota, for bridges over the Mississippi River above Saint Louis, or over the Illinois and Des Plaines Rivers; and in newspapers published and having a wide circulation in Pittsburgh, Cincinnati, Louisville, Saint Louis, Memphis, and New Orleans for bridges over the Mississippi River below Saint Louis; and shall sub
mit to the Secretary of War, for his examination, a design and drawings of the bridge, piers, approaches, and accessory works and a map of the location, giving, for the space of at least three miles above and one mile below the proposed location, the topography of the banks of the river and the shore-lines at high and low water. This map shall be accompanied by others drawn on the scale of one inch to two hundred feet, giving for a space of one-half a mile above the line of the proposed bridge and a quarter of a mile below, an accurate representation of the bottom of the river, by contour lines two feet apart, determined by accurate soundings, and also showing over the whole width of this part of the river the force and direction of the currents at low water, at high water, and at least one intermediate stage, by triangulated observations on suitable floats. The maps shall also show the locations of other bridges in the vicinity, and shall give such information as the Secretary of War may require for a full and satisfactory understanding of the subject. Said maps and drawings shall be referred to a Board of officers of the Corps of Engineers, United States Army, for examination and report, which Board shall personally examine the site of the proposed bridge and shall hold a public session at some convenient point to hear all objections thereto, of which public session due notice and invitation to be present shall be given to all interested parties by advertising, and such parties shall be allowed sufficient time for a full examination and consideration of plans; and if said Board of Engineers reports that the bridge is not a public necessity or that the location selected is unsuitable for a bridge, or the plans presented are unfavorable to the interests of navigation at the site proposed, the Secretary of War is authorized, on recommendation of said Board, to refuse permission for construction of a bridge on the proposed location or to order such changes in the design of the bridge or the location of its piers as may be deemed necessary; and the construction of such dikes, booms, piers, or other structures as may be needed for confining the flow of water to a permanent channel for a distance of not less than one mile above the bridge site and a proper distance below, and for guiding rafts, steam-boats, and other watercraft safely under said bridge or through the draw and raft spans, at the expense of the parties constructing such bridge; but in no case shall there be a reduction in the number, width, or head-room of draw, raft, or channel span, or in the arrangement and length of accessory works required by this act, unless such reduction is made necessary by the physical characteristics of the river in the locality where the building is proposed or is shown clearly to be not injurious to the interests of navigation; and the proposed bridge shall only be a legal structure when built in accordance with the plans as recommended by the said Board of Engineers and approved by the Secretary of War, and while so managed and kept in repair as to offer at all times reasonable and proper means for the passage of rafts, steam-boats, and other watercraft through or under said bridge, and only so long as all the requirements of this act are observed.
SEC. 20. That whenever the Secretary of War has good reason to believe that any of the provisions of sections 7, 10, and 25 of this act have not been complied with by any persons or company owning, controlling, or operating a bridge authorized under the provisions of this act, it shall be the duty of the Secretary of War, on satisfactory proof thereof, to require the said persons or company to comply with the provisions of said sections, and, on failure of said persons or company to comply with said requirements within a reasonable time, the Secretary of War shall proceed to cause the necessary work, in the form of additions, alterations, repairs, or removal of obstruetions, to be made at the expense of the United States and shall refer the matter, without delay, to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in the circuit court of the United States of any State in which any portion of said obstruction or bridge touches, for the recovery of the cost thereof, and all moneys accruing from such proceedings shall be covered into the Treasury of the United States: Provided, That in the construction of additional accessory works not contemplated by the approved plan of bridge and accessory works, no greater sum than fifteen thousand dollars shall be required to be expended upon any one bridge in a single year: And provided further: That such sum of money as may be necessary to execute the provisions of this section is hereby appropriated out of any money in the Treasury of the United States not otherwise appropriated, to be paid on the requisition of the Secretary of War.
SEC. 21. That any companies or persons owning, controlling, or operating bridges authorized by this act shall maintain at their own expense from sunset to sunrise throughout the season of navigation such lights and other signals on the bridges as may be required by the Light-House Board for the security of navigation; and shall also, during the season of navigation, have posted in a conspicuous place on or near all high bridges the clear head-room under the channel-span on that day, the figures expressing this height to be readily visible to the naked eye from any point in the channel of the river for a stretch of four thousand feet, of which three thousand feet shall be above and one thousand feet shall be below the channel-span of the bridge; and shall display on all low bridges at points plainly visible to boats passing
through the draw a record showing the stage of water and whether the river is rising or falling.
SEC. 22. That any bridge constructed, maintained, and operated under this act and according to its limitations shall be a lawful structure and shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transportation over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation of said mails, troops, and munitions over the railroads and public highways leading to said bridge; and the United States shall have the right of way for postal telegraph purposes over any such bridge; and in case of any litigation arising from any alleged obstruction to the navigation of any of said rivers, created by the construction of any bridge under this act, the cause or question arising may be tried before the circuit court of the United States of any State in which any portion of said obstruction or bridge touches.
SEC. 23. That all railroad companies desiring the use of any bridge constructed under this act shall have, and be entitled to, equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for sucl. use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
SEC. 24. That the persons or corporations constructing bridges under the provisions of this act shall have the right to construct safe and suitable passage-ways thereon for foot-passengers and vehicles of every description, and to charge a reasonable toll for the use thereof; but the rates of toll shall be submitted to the Secretary of War and shall be subject to his approval or to any change he may think proper from time to time in such rates; and provided that the constructions authorized by this section shall not reduce the clear head-room or clear channel-way required by the provisions of this act.
SEC. 25. That such alterations and changes as may be required by the Secretary of War, or Congress, in bridges constructed under the provisions of this act, so as to preserve free and convenient navigation, shall be made under the direction of the Secretary of War and at their own expense by the company or persons owning, controlling, or operating said bridges.
SEC. 26. That all bridges constructed under the authority of this act shall be built under the general supervision of the Secretary of War, and no changes or alterations in plans shall be made during construction of said bridges or after their completion, unless said changes or alterations conform to the provisions of this act and are authorized by the Secretary of War. That during original construction or in carrying out any authorized changes or repairs of said bridges, a navigable channel shall be preserved at the site of the bridge at all times, and the water-way of the river shall not be obstructed to a greater extent than is absolutely necessary, and such lights and buoys shall be kept on all coffer-dams, piles, etc., as may be necessary for the security of navigation.
SEC. 27. That any permission granted by the Secretary of War under the provisions of this act for the construction of a bridge shall be null and void if said construction be not actually commenced within one year and completed within three years from the date of said permission.
SEC. 28. That all former acts or parts of acts granting authority for the erection of any bridge or bridges over the portions of the rivers set forth in section 1 of this act, be, and the same are hereby repealed, in each and every case where actual construction of said bridge or bridges be not commenced on or before the date on which this bill becomes a law.
SEC. 29. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require the entire removal of any bridge constructed under the provisions of this act, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it is also expressly reserved.
PROCEEDINGS OF BOARD.
SAINT LOUIS, Mo., January 16, 1888.
Proceedings of a Board of Engineers, convened by virtue of the fol
HEADQUARTERS CORPS OF ENGINEERS,
UNITED STATES ARMY, Washington, D. C., January 10, 1888.
By direction of the Secretary of War a Board of officers of the Corps of Engineers, to consist of Lieut. Col. Charles R. Suter, Maj. Alexander Mackenzie, Maj. Alexander M. Miller, Maj. Thomas H. Handbury, with First Lieut. Theodore A. Bingham, recorder, will assemble in Saint Louis, Mo., as soon as practicable, to consider and report upon the construction of bridges across the Missouri River between its mouth and the mouth of the Dakota or James River; across the Mississippi River between Saint Paul, Minn., and Natchez, Miss., and across the Illinois River between its mouth and La Salle, Ill.
Upon the completion of the duties assigned them Majors Mackenzie and Handbury will return to their stations.
The journeys required under this order are necessary for the public service.
CHAS. W. RAYMOND,
The Board met, in obedience to notification from its president, at 10 a. Present all the members and the recorder.
The president read the order convening the Board, as above, also the letter of instructions to the Board from the Chief of Engineers, as follows:
Office of the Chief of Engineers,
UNITED STATES ARMY, Washington, D. C., January 10, 1888.
SIR: The inclosed bill, S. 275, to authorize the construction of bridges across the Missouri River, the Mississippi River, and the Illinois River, etc., is transmitted for the information and consideration of the Board of Engineers constituted by Special Orders No. 1, Headquarters Corps of Engineers, current series, of which you are the presiding officer. Copies of indorsements of the Chief of Engineers and of the War Department upon the subject are also inclosed for the information and guidance of the Board.
It is desired that the Board give the subject the careful consideration which the importance of the interests involved demand, and that it indicate upon the bill such amendments as may be deemed advisable and for the best interests of the rivers concerned.
In connection with the subject the following papers are transmitted for the infor mation of the Board:
Six printed copies of a proposed "act authorizing the construction of bridges across the Missouri, Mississippi, and Illinois rivers, and prescribing the character, location, and dimension of same," received from Mr. E. W. Gould, of committee of the Merchants' Exchange of Saint Louis, Mo., together with reports of the officers to whom they were referred, and copies of letter of the Chief of Engineers dated May 11, 1882, reporting upon a similar bill, S. 1679, and of amended bill submitted therewith, and also copy of Senate Ex. Doc. No. 20, Forty-ninth Congress, second session, containing report of the Board of Engineers relative to bridging the Mississippi River at or near Saint Louis, Mo.
Maj. A. M. Miller, Corps of Engineers, will pay the expenses of the Board from the appropriation for improving Mississippi River from mouth of the Illinois to the mouth of the Ohio River, etc.
By command of Brig. Gen. Duane.
Very respectfully, your obedient servant,
Lieut. Col. CHAS. R. SUTER,
Corps of Engineers.
JAS. C. POST,
The indorsements by the Chief of Engineers and Secretary of War, transmitting Senate bill 275, December 12, 1857, were then read:
OFFICE CHIEF OF ENGINEERS,
Respectfully returned to the Secretary of War.
U. S. ARMY,
The within bill, S. 275, “to authorize the construction of bridges across the Missouri River, between its mouth and the mouth of the Dakota or James River, and across the Mississippi River, between the port of Saint Paul, in the State of Minnesota, and the port of Natchez, in the State of Mississippi, and across the Illinois River, between its mouth and La Salle, in the State of Illinois, and to prescribe the character, location, and dimensions of the same," has been received, and after careful examination, it has been found that the interests involved in the provisions are so important that before expressing the opinion of this office it is deemed advisable that it be considered by a Board of Engineer Officers, whose large experience has rendered them familiar with the navigation of the rivers and the requirements of commerce affected by the bill.
It is accordingly recommended that the bill be referred to a Board of Officers of the Corps of Engineers, to consist of Lieut. Col. Charles R. Suter and Majs. Alexander Mac kenzie, A. M. Miller, and Thomas H. Handbury, with Lieut. T. A. Bingham, recorder. The Board to meet at Saint Louis, Mo., as soon as practicable, to report upon the provisions of the bill in question.
If approved by the Secretary it is further recommended that the order convening the Board be issued from this office.
Have written you to-day about Vest's bill for bridging Western rivers; please do not decide until you receive letter.
Col. CHAS. R. SUTER.
E. L. CORTHELL.
Senate bill 275 was then read and discussed.
SAINT LOUIS, Mo., January 17, 1888.
Board met at 10 a. m. pursuant to adjournment.
Present all the members and the recorder.
Minutes of yesterday's meeting were read and approved.
Major Mackenzie offered the following resolution:
Resolved, That in the opinion of this Board the following should be added to Senate bill 275, December 12, 1887, as a new paragraph:
That all former laws or parts of laws authorizing the construction of bridges over the Missouri, Mississippi, or Illinois Rivers in conflict with this act and under the authority of which actual construction has not yet been commenced, are hereby repealed.
Seconded by Major Miller. Carried.