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 lowing order: Special Orders, No. 1. } 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. m. 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 information 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, 1887, were then read: [First indorsement.] 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. 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. Discussion of Senate bill 275 was then begun by sectionз. Section 1. No changes recommended. Section 2. Section 2 is general, and should be included in the list of sections designated as general. Line 9, strike out words" title of the" so as to read "covered by the sections enumerated." Section 3, line 6, change to read— Clear height measured from the water surface to the lowest part of the superstructure in any span. Line 10, change to read Measured at right angles to the faces of the piers at the elevation of low water. Line 15, change to read Of which fixed spans over navigable channels are high enough to permit the passage of boats under them at all stages of water. Moved for adoption by Major Handbury; seconded by Major Mac kenzie. Carried. Line 17, change to read Having an opening or openings through which boats can pass at all stages of water. Moved for adoption by Major Mackenzie; seconded by Major Handbury. Carried. Section 4, line 1, change to read— That all low bridges authorized under this act shall be, etc. DUBUQUE, IOWA, January 17, 1888. River interest protest against low-bridge clause, section fourteen, Senate bill two hundred and seventy-five. It means low bridge near Saint Louis. Major A. MACKENZIE, (Care Major Miller,) U. S. Engineer. J. H. STOUT. An identical telegram was received by Major Miller. At this point discussion of section 4 involved discussion of section 20, and of a substitute for section 20, suggested by Major Mackenzie. The following letter was received and laid before the Board by Colonel Suter: NEW YORK, January 14, 1888. DEAR SIR: I called on the Chief of Engineers yesterday in reference to Senate bill No. 275, introduced by Mr. Vest, December 12, to authorize the construction of bridges across the Missouri, Mississippi, and Illinois rivers; the object of the bill being to provide a general law for these rivers. I was informed by General Duane that you were chairman of a board which is instructed to examine and report on this bill. There are, in my opinion, several serious defects and some impracticable provisions in the bill, as follows: Section 3, line 3. High-water mark is here held to mean the local highest water. I think there should be exceptions to this. As an illustration, take the proposed bridge at Alton, Ill., where the high water of 1844 is 4.2 feet above that of 1858, the next highest water. The 1844 water was produced by a conjunction of causes which never has happened before or since, and the Secretary of War very properly approved plans based on the high water of 1858. On the Missouri River, at extreme highest water, should it ever occur again, no boats would be able to navigate the river, and it does not seem just to compel the transportation lines of the country to build their bridges 4 or 5 and perhaps 6 feet higher than is necessary for navigation, or to haul their freight and passengers to this unnecessary height. Section 4, line 20. There may be many cases where a protection pier 1,000 feet in length would be impracticable and entirely unnecessary. Section 7, line 3. Are there not many cases likely to occur where all of the spans of a high bridge need not be high spans, but where some of them might, without injury to navigation, be deck-spans? Section 10, line 7. Wherever high water and low water are used together it is impracticable to meet the requirements of the head-roon. at high water and above low water at the same time. In nearly all cases mentioned in the bill the difference between high and low water does not agree with the provisions given. Section 13, line 11, and section 14, ine 13. The openings prescribed for drawbridges in these instances are really beyond a practicable limit, if not in construction, certainly in operation. It would be well to ask the author of this bill to show how he proposes to make a clear opening of 400 feet in a draw-bridge. Section 16, line 8. Sixty feet of clear height above high water for bridges within 8 miles of the Eads bridge at Saint Louis is 10 feet more than there is, practically, at the present bridge, and also at the Merchants' bridge, according to the latter's charter. There seems to be no necessity for this additional height. The two bridges, one built and the other to be built, should determine the clear head-room. Section 16, line 11. The requirement for a draw or pivot span on the Lower Mississippi is entirely uncalled for, in my opinion, and would entail a very great expense on any company building a bridge, for the reason that spaus of from 500 to 600 feet are the economical spans. If draw-spans are built, it brings three piers, and one of them a very large one, near together. The deep foundations required for these piers also increases the expense very largely. I most earnestly hope that you will strike these requirements out of the bill. Section 20, lines 40 to 50 inclusive. Do you consider that this clause allows the Secretary of War, through the Chief of Engineers, to modify any of the terms and requirements of this bill? If so, we, as bridge engineers, would be perfectly willing to leave the requirements in case to the Secretary of War. I hope you will consider this subject very carefully, as I have no doubt you will, for there are important transportation interests involved, not only now but in all the future, that have a right to be heard in this matter. I believe that a general law could be enacted which would be much better than the irregular methods of legisla tion now practiced, and in this connection wish to suggest that a fixed grade line for certain stretches of the Missouri and possibly of the Mississippi River might be determined by the Chief of Engineers which should be the basis for all bridges built in such stretches, and that this grade line should not be the local highest water, but the average of the high waters as shown by the water-marks or by the height of the alluvial banks along each reach. Yours, very truly, Col. CHARLES R. SUTER. Section 4-continued. Line 15, change to read Clear channel-way authorized by this act. Line 16, change to read E. L. CORTHELL There may be required one or more protection piers of masonry crib-work or piling as may be directed by the Secretary of War. Line 17, change to read Extending from the end or ends of the draw opening or openings. Line 20, change to read One thousand feet or less from the center line of the bridge. Line 21, change to read With ring-bolts, cavils, snubbing posts, or similar accessories and fender planking. Line 26, change to read When a draw opening is near shore that the end of the opening be connected with the shore. Line 29, change to read To the said draw opening. Line 32, change to read The draw openings next shore becomes. |