LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY, FIFTIETH CONGRESS, FIRST SESSION. 1887-'88. 2821 LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY. FIFTIETH CONGRESS, FIRST SESSION, 1887-'88. ACTS. AN ACT to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Mississippi River, at or near Burlington, Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Burlington and Illinois Bridge Company, its successors, and assigns, be, and they are hereby, authorized to construct and maintain, if in the opinion of the Secretary of War the same be a public necessity, a railroad, wagon, and foot-passenger bridge across the Mississippi River at a place suitable to the interests of navigation at a point at or near the city of Burlington, Iowa, and to lay on or over said bridge a track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river, on either or both sides thereof, at or opposite said point, under the limitations and conditions hereinafter provided; that said bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches. Said bridge shall be constructed to provide for the passage of railroad trains, and for the safe and convenient passage of wagons and vehicles of all kinds, animals, and foot-passengers, for such reasonable rates of toll as may be fixed from time to time by the Secretary of War: Provided, That the proviso regarding wagons, animals, foot-passengers, and so forth, shall not influence the location of said bridge in its relation to the interests of navigation. SEC. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, be built as a draw-bridge or with unbroken and continuous spans: Provided. That if the said bridge shall be made with unbroken and continuous spans, it shall give clear head-room of not less, in any case, than fifty-five and one-half feet above extreme high-water mark, as understood at the point of location, nor shall the spans of said bridge give a clear width of water-way of less than two hundred and fifty feet, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and give a clear width of water-way of not less than three hundred feet: And provided further, That if any bridge built under the provisions of this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a pivot over the main channel of the river at an accessible and navigable point and with spans giving a clear width of water-way of not less than two hundred feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of water-way of not less than two hundred and fifty feet: Provided, That if the pivot pier of said bridge shall be constructed within less than four hundred and ten feet of the west shore of said river the span constructed west of said pivot pier may be less than two hundred and fifty feet, and said spans shall give a clear head-room of not less than ten feet above extreme highwater mark; and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected: And provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats, except when trains are passing over the draw; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. SEC. 3. That any bridge constructed under this act and according to its limitations shall be a lawful structure, and shall be known as a post-route, and the same is hereby declared to be a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, and for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to said bridge; and the United States shall have the right of way for postal telegraph purposes across said bridge. SEC. 4. That all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passages of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. SEC. 5. That the structure herein authorized shall be built and located under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location, giving for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-line at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed of the stream, the location of any bridge or bridges, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navigation, the bridge shall not be commenced or built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War; and the said bridge shall be constructed with such aids to the passage of said bridge, in the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent and easily navigated channel, for a distance of not less than one mile above the bridge location, and for the guiding of rafts, steamboats, and other water-craft, safely through the draw and raft spans, as the Secretary of War shall prescribe and order to be constructed and maintained at the expense of the company owning said bridge; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours of sunset to sunrise, such lights as may be prescribed by the Secretary of War: and the said structure shall be changed or removed at the cost and expense of the owners thereof from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law, when the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States. SEC. 6. That if actual construction of the bridge herein authorized shall not be commenced within two years from the passage of this act, and be completed in four years from the same date, the rights and privileges hereby granted shall cease and be determined. SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, January 31, 1888. AN ACT making appropriations to supply deficiencies in the appropriations for the fiscal year end. ing June thirtieth, eighteen hundred and eighty-seven, and for prior years, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year eighteen hundred and eighty-seven, and for other objects hereinafter stated, namely: WAR DEPARTMENT. To enable the Secretary of War to pay to Chittenden Brothers, contractors, for money expended in the construction of a dam at the Great Falls of the Potomac, over and above that contemplated in the contract with said Chittenden Brothers, as |
