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 are 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. W W 12. COMBINED RAILWAY AND WAGON BRIDGE OF THE OMAHA AND COUNCIL BLUFFS RAILWAY AND BRIDGE COMPANY, ACROSS MISSOURI RIVER BETWEEN OMAHA, NEBRASKA, AND COUNCIL BLUFFS, IOWA, AUTHORIZED BY ACT OF CONGRESS APPROVED MARCH 3, 1887. WAR DEPARTMENT, Washington City, June 3, 1887. SIR Referring to your letter of April 11, submitting plans for the proposed bridge across the Missouri between Omaha and Council Bluffs, under the act approved March 3, 1887, I have the honor to inform you that Mr. Endicott, Secretary of War, has taken the opinion of the Attorney-General in regard to the kind of bridge that is required by the act. The opinion of the Attorney-General, which agrees with the views of the Secretary of War, is that It was the evident intention of Congress that the bridge should be maintained as much for the transit of railway trains as for any other kind of carriages or cars upon paying lawful tolls. To allow a bridge to be built not adapted for the use of railway companies entitled to use it, would be to defeat the obvious intention of Congress. The plans presented by you are for a highway bridge and can not therefore be approved. Very respectfully, your obedient servant, Mr. JOHN T. STEWART, S. V. BENET, Brig. Gen., Chief of Ordnance President Omaha and Council Bluffs Railway and Bridge Company, Omaha, Nebraska. OPINION OF THE ATTORNEY-GENERAL OF THE UNITED STATES. DEPARTMENT OF JUSTICE, SIR: An opinion is asked on the point whether the plans for the bridge authorized by the act approved March 3, 1887, entitled "An act authorizing the construction of a bridge across the Missouri River between the cities of Omaha, Nebraska, and Council Bluffs, Iowa, and for other purposes," can be properly approved by the Secretary of War unless they provide for a structure of strength sufficient to bear trains of cars drawn by locomotives. It seems clearly the intention of Congress that the bridge provided for shall be built in such a way as to accommodate all sorts of landcarriage and traffic. A combined railway and wagon bridge, for the safe and convenient passage of wagons, carriages, stock, steam, cable, and street cars, foot-passengers, and all road travel. It was the evident intention of Congress that the bridge should be maintained as much for the transit of railway trains as for any other kind of carriages or cars upon paying the lawful tolls. To allow a bridge to be built not adapted for the use of railway companies entitled to use it would be to defeat the obvious intention of Congress. Very respectfully yours, The SECRETARY OF WAR. A. H. GARLAND, Attorney-General. LETTER OF THE PRESIDENT OF THE OMAHA AND COUNCIL BLUFFS RAILWAY AND BRIDGE COMPANY. COUNCIL BLUFFS, IOWA, June 8, 1887. SIR: In accordance with the terms of our petition, forwarded to you on the 7th instant per telegraph, a copy of which is attached hereto, we desire, through our chief engineer, Frank D. Moore, esq., to now present to you our amended plans of a combined railway and wagon bridge, to be constructed and maintained across the Missouri River between the cities of Omaha, Nebr., and Council Bluffs, Iowa, and we give you this further assurance that in case the plans and location of our combined railway and wagon bridge are by you approved, that our company will proceed at once and without any delay to construct said bridge according to said amended plans as now presented to you. We very respectfully ask your approval thereof. OMAHA AND COUNCIL BLUFFS RAILWAY AND BRIDGE COMPANY, By JNO. T. STEWART, WAR DEPARTMENT, June 14, 1887. Respectfully referred to the Chief of Engineers for report. JOHN TWEEDALE, Chief Clerk. [Second indorsement.] OFFICE CHIEF OF ENGINEERS, U. S. ARMY, Respectfully returned to the Secretary of War, through the Acting Judge-Advocate-General, U. S. A. The amended plans for the proposed bridge of the Omaha and Council Bluffs Railway and Bridge Company across the Missouri River are made to comply with the requirements of the act of March 3, 1887, and are in accordance with the opinion of the Attorney-General dated June 2, 1887, herewith, being designed for a combined railway and wagon bridge. No change has been made in the length of the spans, location of piers, height above water, or other general features of the bridge affecting navigation as shown in the original papers, except by the adoption of a |