Chapter CCCXXV. to authorize the Construction of a Bridge across the Missouri River at or near the City of Lexington, in the State of Missouri, and to establish it as a Post-road
1,157 words·~5 min read·
/statutes-at-large/vol-17/chapter-cccxxv-2758232·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. CCCXXV.— An Act to authorize the Construction of a Bridge across the Missouri River at or near the City of Lexington, in the State of Missouri, and to establish it as a Post-road.March 3, 1873. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatBridge may be built across the Missouri river at or near Lexington, Missouri, and railway tracks laid thereon. it shall be lawful for any person or persons, company, or corporation, authorized by the general or special laws of Missouri, and having the consent of the Burlington and Southwestern and the Lexington Lake and Gulf Railroad Companies, to build a bridge across the Missouri river at or near the city of Lexington, in the State of Missouri, and to lay on or over said bridge railway-tracks for the more perfect connection of any railroads that are or shall be constructed to the said river at or opposite said point, under the limitations and conditions hereinafter provided.Navigation.Litigation.
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 district court of the United States in the district of said State in which said bridge is located. Sec. 2. ThatBridge may be built as a pivot draw-bridge, or with continuous spans. any bridge built under the provisions of this act may, at the option of the company building the same, he built either as a pivot draw-bridge, or with unbroken or continuous spans: *Provided,* That if the said bridge shall be made with unbroken and continuous spans, it628FORTY-SECOND CONGRESS.
Sess. III. Ch. 325. 1873. shallIf bridge is built with continuous spans; not be of less elevation, in any case, than fifty feet above high-water mark, as understood at the point of location, to the bottom chord of the bridge; nor shall the spans of said bridge he less than two hundred and fifty feet in length, and the piers of said bridge shall be parallel with the current of the river; and the main span shaft be over the main channel of the river, and not less than three hundred feet in length:if as a pivot draw-bridge. *And provided also,* That if any bridge built under this act shall be constructed as a pivot draw-bridge the same shall be constructed with a draw over the main channel of the river at an accessible and navigable point, with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, if the proper location of the draw over the channel will admit spans of this width between it and the shore; and said spans shall not be less than thirty feet above low-water mark, and not less than ten above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river:Draw to be opened promptly. *And provided also,* That said draw shall be opened promptly, upon reasonable signal, for the passage of boats, and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains.
Sec. 3. ThatBridge to be a lawful structure and post-route.Charges. any bridge constructed under this act, and according to its limitations, shaft be a lawful structure, and shall be known and recognized as 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 than the rate per mile paid for their transportation over the railroads or public highways leading to the said bridge.
Sec. 4. ThatAll railway companies to have equal rights. all railway companies desiring to use the said bridge shall have and be entitled to equal rights and privileges in the passage 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 shaft be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. Sec. 5. ThatRegulations for building the bridge. any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of 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 designDesign and map. and drawings of the bridge and piers, and a map of the location, giving, for the space of at least one mile above and one mile below the proposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject;Bridge not to be built until, &c.Changes in planPassage of vessels. and until the said plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built; and if any change be made in the plan of construction of said bridge during the progress of the work thereon, or before the completion of said bridge, such change shall be subject to the approval of the Secretary of War; 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 the said structure shall be changed 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.Authority to erect may be revoked.
And the authority to erect and continue said bridge shall be subject to revocation or modification by law whenever the public good shall, in the judgment of Congress, so require without any expense or charge to the United States. FORTY-SECOND CONGRESS. Sess. III. Ch. 326–328. 1873.629 Sec. 6. ThatAct may be altered, &c. the right to alter or amend this act, so as to prevent or remove all material obstructions to the navigation of said river by the construction of bridges, is hereby expressly reserved.
Approved, March 3, 1873.