Chapter CCXCII. authorizing the Construction of a Bridge across the Missouri River at Brownville, Nebraska
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CHAP. CCXCII.— An Act authorizing the Construction of a Bridge across the Missouri River at Brownville, Nebraska.June 4, 1872. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That it shall be lawful for theBrownville, Fort Kearney and Pacific R.R. Co. may build a bridge across the Missouri River at Brownville, Nebraska. Brownville, Fort Kearney, and Pacific Railroad Company, a corporation organized under the laws of the State of Nebraska, having authority for that purpose from the States of Nebraska and Missouri, to build a bridge across the Missouri river at Brownville, Nebraska, and to lay on and 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; and that when constructed, all trains of all roads terminating at said river,All railroads may use the bridge. at or opposite said point, shall be allowed to cross said bridge for a reasonable compensation to the owners of said bridge, under the limitations and conditions hereinafter provided.
And in case of any litigation arisingIn case of litigation, cause to be tried, where. 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 of either State in or opposite to which any portion of said obstruction or bridge may be. Sec. 2. That said Brownville, Fort Kearney, and Pacific RailroadBridge may be built with a draw or with unbroken spans;if with unbroken spans. Company may, at their option, build said bridge as a drawbridge, with a pivot or other form of draw, or with unbroken and continuous spans: *Provided,* That if the said bridge shall be made with unbroken and continuous spans it shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location,224FORTY-SECOND CONGRESS.
Sess. II. Ch. 292, 293. 1872. to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length; 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 not less than three hundred feet in length: *And provided also,* That if said bridge, built underIf bridge is built as a drawbridge. this act, be constructed as a drawbridge the same shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than two hundred 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 thanSpans and piers. two hundred and fifty feet; and said spans shall not be less than thirty feet above low-water mark and not less than ten feet above extreme high-water mark, measuring to the bottom chord of said bridge; and the piers of said bridge shall be parallel with the current of the river: *And provided also,* That said draw shall be opened promptly, upon reasonableDraw to be opened promptly. 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. That said bridge constructed under this act, and according toBridge to be a lawful structure and post-route. its limitations, shall be a lawful structure, and shall be recognized and known as a post-route, upon which, also, no higher charge shall be made for the transmission over the same of the mails, troops, and the munitions of war of the United States, than the rate per mile paid for their transportationCharges. over the railroads or public highways leading to the said bridge.
Sec. 4. That all railway companies desiring to use the said bridge shallAll railway companies to have equal rights to use the bridge.Terms, &c., of use. 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 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 under andSecretary of War to prescribe regulations for building and managing the bridge.Changes. subject to such regulations for the security of the navigation of said river and lake as the Secretary of War shall prescribe, 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 and 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; and the authority to erect and continue said bridge shall be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require.
Sec. 6. That the right to alter or amend this act so as to prevent orAct may be altered. remove all material obstructions to the navigation of said river by the construction of said bridge is hereby expressly reserved. Approved, June 4, 1872.