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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,

S. V. BENÉT,
Brig. Gen., Chief of Ordnance

and Acting Secretary of War. Mr. John T. STEWART, President Omaha and Council Bluffs Railway and

Bridge Company, Omaha, Nebraska.

OPINION OF THE ATTORNEY-GENERAL OF THE UNITED STATES.

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DEPARTMENT OF JUSTICE,

Washington, June 2, 1887. 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,

A. H. GARLAND,

Attorney-General. The SECRETARY OF WAR.

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,

President. Attest:

GEO. F. WRIGHT,

Secretary Hon. WILLIAM C. ENDICOTT,

Secretary of War.

(First indorsement.)

WAR DEPARTMENT, June 14, 1887. Respectfully referred to the Chief of Engineers for report. By order of the Activg Secretary of War.

JOHN TWEEDALE,

Chief Clerk. (Second indorsement.) OFFICE CHIEF OF ENGINEERS,

U. S. ARMY,

June 17, 1887. 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

lighter grade down from the level part over the channel. The height of the span next the Council Bluffs shore has been slightly increased.

The modified specifications are herewith.

In the opinion of this office the plans now submitted comply with the requirements of the law so far as the interests of navigation are concerned, and may be approved by the Secretary of War.

CIAS. W. RAYMOND,

Acting Chief of Engineers.

[Third indorsement.)

WAR DEPARTMENT,
JUDGE-ADVOCATE-GENERAL'S OFFICE,

Washington, D. C., June 21, 1887. Respectfully returned to the Secretary of War, with formal instrument for his approval (prepared in duplicate) of the plan and map of the location of the proposed bridge across the Missouri River, submitted by the Omaha and Council Bluff's Railway and Bridge Company.

G. NORMAN LEIBER. Acting Judge-Adrocate-General.

LETTER OF TIE SECRETARY OF WAR.

WAR DEPARTMENT,

Washington City, July 19, 1887. SIR: I have the honor to inclose for retention by the Omaba and Council Bluffs Railway and Bridge Company a duly executed copy of an instrument approving the location, as shown on the accompanying maps, of a bridge authorized to be constructed by said company across the Missouri River between the cities of Omaha, Nebr., and Council Bluffs, Iowa, under the provisions of an act of Congress approved March 3, 1887. Very respectfully, your obedient servant,

WILLIAM C. ENDICOTT,

Secretary of War. GEORGE F. WRIGHT, Esq., Secretary Omaha and Council Bluffs Railway and Bridge Company,

Omaha, Nebr.

LETTER OF THE CHIEF OF ENGINEERS.

OFFICE OF THE CHIEF OF ENGINEERS,

UNITED STATES ARMY,

Washington, D. C., July 26, 1887. SIR: The Secretary of War has approved the plan and location sub. mitted by the Omaha and Council Bluffs Railway and Bridge Company for the bridge provided for by "An act authorizing the construction of a bridge across the Missouri River between the cities of Omaha, Nebr., and Council Bluffs, Iowa, and for other purposes," approved March 3, 1887, subject to the express conditions following:

(1) That said bridge shall be erected strictly in accordance with the plan and location hereby approved and the provisions of the act of Congress authorizing its construction.

(2) That should any change be made in the plan of said bridge during the progress of the work thereon, such change shall be subject to the approval of the Secretary of War.

(3) 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 may 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.

Copies of the approved plans, etc., will be furnished you as soon as practicable. By command of Brigadier General Duane: Very respectfully, your obedient servant,

JAS. O. POST,

Major of Engineers. Lieut. Col. C. R. SUTER,

Corps of Engineers.

WW 13.

BRIDGE OF THE NEW YORK AND LONG ISLAND BRIDGE COMPANY ACROSS THE EAST RIVER BETWEEN THE CITY OF NEW YORK AND LONG ISLAND, AUTHORIZED BY ACT OF CONGRESS APPROVED MARCH 3, 1887.

NEW YORK, July 29, 1887. SIR: The New York and Long Island Bridge Company respectfully applies for the approval of the Secretary of War of their plans for a bridge across the East River between New York City and Long Island, which plans are herewith submitted in duplicate. A copy of the act of incorporation or charter of the company, passed by the legislature of the State of New York in the year 1867, and the several acts amendatory thereto, as well as the act of Congress (Chapter 334, Laws of 1886 and 1837), are also herewith submitted.

Under these acts this company was incorporated, and a copy of the minutes of the organization of the company is also herewith submitted; also extracts from the company's, minutes, showing the names of the present officers of the company and the acceptance by the company of the provisions of the act of Congress, all properly authenticated. Very respectfully,

C. A. TROWBRIDGE, President of the New York and Long Island Bridge Company.

R. MCGRAHAM,

Secretary. Hon. SECRETARY OF WAR.

(First indorsement.)
OFFICE CHIEF OF ENGINEERS,

U. S. ARMY,

August 8, 1887. Respectfully returned to the Secretary of War. The only plans and drawings for the bridge in question received at this office were transmitted by Mr. Thomas Rainey December 14, 1886, before the act authorizing the bridge was passed by Congress. These are presumed to be the plans referred to within, and they are submitted herewith.

The act of March 3, 1887, providing for the bridge, requires that it “shall be constructed at right angles with the channels of said river, the piers or abutments to be constructed on the land side of the harbor or pier lines established by law; such bridge shall be not less than 150 feet elevation above mean high water at the middle of each channel of the river, and no part of the lower chord of the channel span less than 142 feet above mean high water."

The plans are too indefinite to indicate clearly that the above requirements bare been complied with. Neither does the map comply with the requirements of section 4 of the act for “a detailed map of the river at the proposed site of the bridge and for the distance of a mile above and below the site, exhibiting the depths at low and high tide and currents at all points of the same," etc.

The drawings should also be furnished in duplicate.

It is therefore suggested that they be returned to the bridge authori. ties, with request that the omissions be supplied and that duplicates be submitted.

CHAS. W. RAYMOND,

Acting Chief of Engineers. (Second indorsement.) OFFICE CHIEF OF ENGINEERS,

U. S. ARMY,

August 24, 1887. Respectfully returned to the Secretary of War through the Acting Judge-Advocate General, U. S. Army.

The accompanying drawings, iu duplicate, showing plan and location of the proposed bridge of the New York and Loug Island Bridge Com. pany, are in accorda ace with the requirements of the act authorizing the construction of a bridge across tbe East River between the city of New York and Long Island," approved March 3, 1887, and are recommended for approval.

CHAS. W. RAYMOND,

Acting Chief of Engineers. (Third indorsement.]

WAR DEPARTMENT,
JUDGE-ADVOCATE-GENERAL'S OFFICE,

Washington, D. C., August 27, 1887. Respectfully returned to the Secretary of War, with draught of instrument (iu duplicate), for forinal approval by the Secretary of War of the plan and map of location of the within mentioned bridge.

Attention is invited to the fact that the accompanying articles of incorporation are not authenticated by the seal of the secretary of state of the State within wbich the bridge is located.

G. NORMAN LIEBER, Acting Judge- Advocate-General.

LETTER OF THE SECRETARY OF WAR.

WAR DEPARTMENT,

Washington City, August 29, 1887. SIR: I have the honor to inclose an instrument, in duplicate, indicat. ing approval by this Department of the plans and location, as shown on the accompanying tracings, of a bridge authorized to be constructed by the New York and Long Island Bridge Company across the East

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