Chapter IV. *to authorize the Construction of Bridges across the Ohio River, and to prescribe the Dimensions of the same*
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CHAP. IV.— An Act *to authorize the Construction of Bridges across the Ohio River, and to prescribe the Dimensions of the same*. Dec. 17, 1872. *Be it enacted by the Senate and House of Representatives of the United Stales of America in Congress assembled*, Bridges across the Ohio river authorized. That any persons or corporations, having lawful authority therefor, may hereafter erect bridges across the Ohio river, for railroad or other uses, upon compliance with the provisions and requirements of this act.
Sec. 2. Construction of bridges across the Ohio river above the mouth of the Big Sandy;That every bridge hereafter erected across the Ohio river, above the mouth of the Big Sandy, shall have at least one span of a height of not less than ninety feet above low water, and of not less than forty feet above local highest water, measured to the bottom chord of the bridge; that every below.bridge hereafter erected across the Ohio river below the mouth of the Big Sandy, shall have at least one span of a height of not less than one hundred feet above low water, and of not less than forty feet above highest water, measured to the bottom chord of the bridge; that this high span shall give a clear opening of at least four hundred feet between the piers, measured at right angles to the current at every stage, and that it shall be placed over the main channel of the river used by Bridge authorized across the Ohio river at Wheeling, West Virginia.boats during ordinary stages of water: *Provided, however*, That any one company, lawfully authorized by the States of West Virginia and Ohio, is hereby authorized to construct a bridge across the Ohio river, from the city of Wheeling, in the State of West Virginia, to the opposite side of said river within the State of Ohio, with a span over the main channel of not less than three hundred and fifty feet in length, and in all other respects conformable and subject to the provisions of this act, so far as the same are applicable to bridges about the mouth of the Big Sandy:
Passage of single boats.*And provided*, That in case this high span is not over the low-water channel, suitable arrangements be made elsewhere to permit the passage of single boats under the bridge at low water; that all bridges over the Bridges below the Covington and Cincinnati suspension bridge.Draws.Ohio river, below the Covington and Cincinnati suspension bridge, shall have, in addition to the high span prescribed above, a pivot-draw, giving two clear openings of one hundred and sixty feet each, measured at right angles to the current at the average stage of water in the river, and located in a part of the bridge that can be safely and conveniently reached at that stage; and that said draw shall be opened promptly, upon reasonable signal, for the passage of boats, whose construction shall not be such as to admit of their passage under the stationary spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw before or after the passage of trains.
Sec. 3. Piers.That the piers of the high span and the piers of the draw shall be built parallel with the current at that stage of the river which is most Ripraps. &c.important for navigation; and that no ripraps or other outside protection for imperfect foundation will be permitted in the channel-way of the high span, or of the draw openings FORTY-SECOND CONGRESS. Sess. III. Ch. 4. 1872. 399 Sec. 4. That any person, company, or corporation authorized to constructPersons, &c., authorized to construct a bridge across the Ohio river to give what notice; a bridge across the Ohio river shall give notice, by publication for one week in newspapers having a wide circulation, in not less than two newspapers in the cities of Pittsburg, Cincinnati, and Louisville, for bridges, above the mouth of the Big Sandy, and in the cities of Pittsburg, Cincinnati, Louisville, Saint Louis, Memphis, and New Orleans, for bridges below the mouth of the Big Sandy, and shall submit to theto submit plans and maps to Secretary of War.
Secretary of War, for his examination, a design 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 of the current 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 by die Secretary of War; and if the Secretary of War is satisfied that the provisions of the law have been complied with in regard to location, the building of the piers mayBuilding of bridge may be commenced it &c. be at once commenced; but if it shall appear that the conditions prescribed by this act cannot be complied with at the Ideation where it is desired to construct the bridge, the Secretary of War shall, after considering any remonstrances filed against the building of said bridge, and furnishing copies of such remonstrances to the board of engineers providedProvisions of this act may be modified if board of engineer officers recommend. for in this act, detail a board composed of three experienced officers of the corps of engineers, to examine the case, and may, on their recommendation, authorize such modifications in the requirements of this act, as to location and piers, as will permit the construction of the bridge; not, however, diminishing the width of the spans contemplated by this act:Free navigation. *Provided*, That the tree navigation of the river be not materially injured thereby.
Sec. 5. That all parties owning, occupying, or operating bridges overLights to be maintained on the bridges. the Ohio river shall maintain, at their own expense, from sunset to sunrise throughout the year, such lights on their bridges as may be required by the light-house board for the security of navigation; and all persons owning, occupying, or operating any bridge over the Ohio river shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation.
Sec. 6. That any bridge constructed under this act, and according toBridges to be lawful structures and post-routes.Charges, &c. 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, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and the United States shall have the right of way for postal-telegraphPostal telegraph.Litigation. purposes across any such bridge; and in case of any litigation arising from any obstruction or alleged obstruction to the navigation of said river, created by the construction of any bridge under this act, the cause or question arising may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches.
Sec. 7. That the right to alter or amend this act, so as to prevent orThis act may be altered. remove all material obstructions to the navigation of said river by the future construction of bridges, is hereby expressly reserved, without any liability of the government for damages on account of the alteration or amendment of this act, or on account of the prevention or requiring the removal of any such obstructions; and if any change be made in the planChanges in plans of construction. of construction of any bridge constructed under this act, during the progress of the work thereon or before the completion of such bridge, such change shall be subject to the approval of the Secretary of War, and any change in the construction, or any alteration of any such bridge that may400FORTY-SECOND CONGRESS.
Sess. III. Ch. 5, 8, 12. 1872. be directed at any time by Congress, shall be made at the cost and expense of the owners thereof. Sec. 8. Repeal of law authorizing bridge over the Ohio river at Paducah.Vol. xvi. p. 53.That joint resolution number ten, approved April seventh, eighteen hundred and sixty-nine, authorizing the construction of a bridge over the Ohio river at Paducah, be, and the same hereby is, repealed. Sec. 9. Standard steam pressure for row and freight boats on the Mississippi river and tributaries.1871, ch. 100, § 11, clause 3.Vol. xvi. p. 445.That the provisions of an act entitled “An act to provide for the better security of life on vessels propelled in whole or in part by steam,” &c., approved February twenty-eighth, eighteen hundred and seventy-one, so far as they relate to the limitation of steam pressure of steamboats used exclusively for towing and carrying freight on the Mississippi river and its tributaries, are hereby so for modified as to substitute for such boats one hundred and fifty pounds of steam pressure in place of one hundred and ten pounds, as provided in said act for the standard pressure upon standard boilers of forty-two inches diameter, and of plates of one-quarter of an inch in thickness; and such boats may, on the written permit of the supervising inspector of the district in which such boats shall carry on their business for a period of twelve mouths from and after the passage of this act, be permitted to carry steam above the standard pressure of one hundred and ten pounds, but not exceeding the standard pressure of one hundred and fifty pounds to the square inch.
Approved, December 17, 1872.