Sault Sainte Marie Bridge Company, over the Sault Sainte Marie River, the Department is in receipt of your letter of the 22d ultimo, requesting my approval of the location of the crossing, pending the completion of detailed plans of the proposed bridge. In reply I beg to inclose a copy of a report of the 2d instant on the subject with its inclosures, from Lieut. Col. O. M. Poe, Corps of Engineers, who recommends approval of the location in question, but invites attention to the provisions of the act of July 8, 1882, which authorize the construction of the bridge "whenever due authority shall have been given to any person or corporation by the Dominion of Canada, with the sanction of the British Government, to build or join in the building of a bridge for such purpose, to build a bridge across the Sainte Marie River, at or near the rapids in said river," etc. In will be seen that any authorization to begin work upon the bridge prior to the fulfillment of the conditions imposed would be inoperative, and I therefore beg to request that you will furnish this Department with the necessary evidence, in duplicate, duly authenticated, showing that the authority of the Dominion of Canada, with the sanction of the British Government, to build or join in the building of a bridge," etc., has been obtained. Upon receipt of the information above indicated, the matter will receive the prompt action of the Department. LETTER OF THE PRESIDENT OF THE SAULT STE. MARIE BRIDGE COMPANY. THE SAULT STE. MARIE BRIDGE COMPANY, PRESIDENT'S Office, Detroit, Mich., May 17, 1887. A 9 DEAR SIR: I am in receipt of your letter of 14th instant, 1836, inclosing copies of letters from General Poe in regard to the provision of the the act of July 8, 1882, which reads: Whenever due authority shall have been given to any person or corporation by the Dominion of Canada, with the sanction of the British Government, to build or join in the building of a bridge for such purpose, to build a bridge across the Sainte Marie River at or near the rapids in said river, etc. In reply I beg to say that I am informed that the charter of the Sault Ste. Marie Bridge Company of Canada might have been disallowed by the British Government any time within two years after its passage by the Canadian Parliament. When a bill is sanctioned by the Canadian Governor and is not vetoed or disallowed by the Imperial Government, it is considered as sanctioned by the British Government. All legislation in Canada is with the sanction of the British Government. No formal sanction of each bill is required. A copy of the Canadian act sanctioning the building of this bridge has been sealed and signed by the secretary of state of Canada and forwarded the Department. I trust the requirements of the Department have now been fully complied with. SIR: I have the honor to inclose, for retention by the Sault Sainte Marie Bridge Company, a duly executed copy of the instrument approving the location of the bridge authorized to be constructed by the company across the Sainte Marie River, at or near its rapids in Chippewa County, Michigan, under the provisions of an act of Congress approved July 8, 1882. Very respectfully, your obedient servant, JAMES MCMILLAN, Esq., WILLIAM C. ENDICOTT, Secretary of War. Detroit, Mich. President Sault Sainte Marie Bridge Company, LETTER OF THE PRESIDENT OF THE SAULT SAINTE MARIE BRIDGE COMPANY. THE SAULT SAINTE MARIE BRIDGE COMPANY, PRESIDENT'S OFFICE, Detroit, Mich., July 2, 1887. DEAR SIR: I have the honor to acknowledge receipt of your letter of 28th June, inclosing a duly executed copy of the instrument approving the location of the Sault Sainte Marie Bridge Company's bridge by the War Department. I beg to express my thanks to the Department for the satisfactory manner in which this matter has been brought to a conclusion. OFFICE OF THE CHIEF OF ENGINEERS, UNITED STATES ARMY, Washington, D. C., July 2, 1887. SIR: The Secretary of War has approved the plan and location submitted by "The Sault Sainte Marie Bridge Company" for the bridge provided for by "An act to authorize the construction of a railroad bridge across the Sainte Marie River," approved July 8, 1882, "subject to the condition, however, that the engineer officer in charge of the district within which the bridge is to be erected may supervise its construction so far as may be necessary, in order that the plans approved by the Secretary of War may be complied with and the bridge built accordingly." It is desired, therefore, that you exercise the required supervision with a view to compliance with the directions of the War Department. Copies of the approved plans, etc., will be furnished you as soon as practicable. By command of the Acting Chief of Engineers. Lieut. Col. O. M. POE, JAS. C. POST, Major of Engineers. Corps of Engineers. W W II. BRIDGE OF THE NEBRASKA RAILWAY COMPANY ACROSS MISSOURI RIVER AT NEBRASKA CITY, AUTHORIZED BY ACT OF CONGRESS APPROVED JUNE 4, 1872. NEW YORK, April 14, 1887. DEAR SIR: I herewith submit for your examination and approval the plans of a proposed bridge across the Missouri River at Nebraska City, Nebr., to be built by the Nebraska Railway Company under authority granted by an act of Congress approved June 4, 1872. I am, very respectfully, yours, Hon. WILLIAM C. ENDICOTT, GEO. S. MORISON, Chief Engineer Nebraska City Bridge. Secretary of War. P. S.-Accompanying this letter are the following papers: (1) A copy of the certificate of incorporation of the Midland Pacific Railway Company, certified by the Secretary of State of the State of Nebraska. (2) Copy of articles of incorporation of the Midland Pacific Railroad Company, certified by the Secretary of state of the State of Nebraska. (3) Copy of the articles of asociation of the Brownville, Fort Kearney and Pacific Railroad Company, certified by the secretary of state of the State of Nebraska. (4) Copy of articles of consolidation between the Brownville, Fort Kearney and Pacific Railroad Company and the Midland Pacific Railway Company, certified by the Secretary of State of the State of Nebraska. (5) Copy of the minutes of stockholders' meetings of the Midland Pacific Railway Company and the Brownville, Fort Kearney and Pacific Railroad Company, showing election of the first board of directors of the consolidated Nebraska Railway Company, certified by the secretary of the Nebraska Railway Company. (6) Copy of minutes of the directors' meeting of the Nebraska Railway Company, held June 28, 1886, at which officers were elected. Certified by secretary of the Nebraska Railway Company. (7) Copy of assignment of the Nebraska City Bridge Company to the Nebraska Railway Company, certified by secretary of the Nebraska Railway Company. (8) Copy of minutes of directors' meeting held April 2, 1887, accepting assignment from the Nebraska City Bridge Company; act of Congress and transfer of rights under same by the Nebraska City Bridge Company, certified by the secretary of the Nebraska Railway Company. (9) Plan showing location of proposed bridge. (10) Elevation and plan of proposed bridge. Numbers 9 and 10 aie in the form of triplicate blue prints. [First indorsement.] WAR DEPARTMENT, JUDGE-ADVOCATE GENERAL'S OFFICE, Washington, D. C., April 23, 1887. Respectfully returned to the Secretary of War. In the matter of the Nebraska Railway Company, submitting to the Secretary of War for his examination and approval certain papers and plans relating to a proposed bridge across the Missouri River at Nebraska City, Mo., to be built under the authority granted by the act of Congress approved June 4, 1872, the following additional papers are required under the rule of the War Department, viz: (1) A copy of the articles of incorporation of the Nebraska City Bridge Company, duly authenticated under seal by the Secretary of State of the State of Nebraska. (2) A duly authenticated copy of the minutes of the organization of the Nebraska City Bridge Company and a copy of its acceptance of the provisions of the act of Congress of June 4, 1872, together with a duly authenticated copy of the minutes of said company showing the names of its officers on the date of the assignment of its charter to the Nebraska Railway Company. (3) A copy of the assignment, etc., of the Nebraska City Bridge Company to the Nebraska Railway Company, authenticated under the seal of the County Clerk or other authority by whom the original was recorded in the records of the county. If no such record was made, then a copy duly verified and sworn to before some officer having a seal and authority to administer oaths should be furnished. The copy furnished by the secretary of the Nebraska Railway Company is, in the opinion of this office, not proper evidence of the assignment by the Nebraska City Bridge Company. Mr. Morison, the chief engineer, who submitted the papers in this case, was, at his request, furnished with a list of the additional papers required. G. NORMAN LEIBER, Acting Judge-Advocate-General. [Second indorsement.] OFFICE CHIEF OF ENGINEERS, U. S. ARMY, June 7, 1887. Respectfully returned to the Secretary of War, inviting attention to the accompanying report of Lieut. Col. C. R. Suter, Corps of Engineers, from which it appears that the requirements of the act of June 4, 1872, authorizing the construction of the bridge "are met in all particulars except the height," which seems to have been based upon inaccurate data as regards extreme high-water mark at its proposed site, which should be 509.94 feet instead of 508 feet, as assumed by the bridge company, thus making the height of the proposed bridge 48.06 feet instead of 50 feet above extreme high water, as required by the law. Colonel Suter adds: "With this exception the requirements of the law are" "executed, and it is considered that the bridge built as proposed will not offer any undue obstruction to navigation." It is suggested, in view of the fact that the provisions of the law have not been complied with, that the plan of the bridge be returned to the bridge authorities, with the request that they be made to conform to the requirements above indicated. J. C. DUANE, Brig. Gen., Chief of Engineers. ENG 88-155 [Third indorsement.] OFFICE CHIEF OF ENGINEERS, U. S. ARMY, June 15, 1887. Respectfully returned to the Secretary of War, through the Acting Judge-Advocate General, U. S. Army. The papers as now presented are believed to fulfill the requirements of the case, and are recommended for approval. CHAS. W. RAYMOND, Acting Chief of Engineers. [Fourth indorsement.] WAR DEPARTMENT, JUDGE-ADVOCATE GENERAL'S OFFICE, Washington, D. C., June 16, 1887. Respectfully returned to the Secretary of War, with instrument of approval by the Secretary of War, of the plan and design of the bridge, and map of location, submitted by the Nebraska Railway Company, prepared in duplicate. G. NORMAN LEIBER, Acting Judge-Advocate General. LETTER OF THE CHIEF OF ENGINEERS. OFFICE OF THE CHIEF OF ENGINEERS, UNITED STATES ARMY, Washington, D. C., July 9, 1887. SIR: The Secretary of War has approved the plan and location submitted by the Nebraska Railway Company for the bridge provided for by "An act authorizing the construction of a bridge across the Missouri River, opposite to or within the corporate limits of Nebraska City, Nebraska," approved June 4, 1872, "subject to the condition, however, that the engineer officer of the United States Army in charge of the district within which the bridge is to be erected, may supervise its construction, so far as may be necessary, in order that the plans approved by the Secretary of War shall be complied with and the bridge built accordingly." It is desired, therefore, that you exercise the requisite supervision with a view to compliance with the directions of the Secretary of War. The inclosed blue prints, showing approved plan and location of the bridge, are transmitted for your information. By command of Brig. Gen. Duane. Very respectfully, your obedient servant, Lieut. Col. C. R. SUTER, Corps of Engineers. JAS. C. POST, Major of Engineers. |
