Chapter 100.
1,251 words·~6 min read·
/statutes-at-large/vol-22/chapter-100-2001919·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 100.— An act to authorize the construction of a bridge across the Missouri River at some accessible point within ten miles below and five miles above the city of Kansas City, Missouri Mar. 3, 1883. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Bridge across the Missouri River; Chillicothe and Kansas City Railway Company authorized to construct. That the Chillicothe and Kansas City Railway Company, a corporation organized under the laws of the State of Missouri, be, and is hereby, authorized to Construct and maintain a bridge and approaches thereto over the Missouri River, at some accessible point consistent with the interests of the river navigation within five miles above and ten miles below the present railroad bridge across said river, at the city of Kansas City, in the county of Jackson and State of Missouri.
Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, tor the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. Sec. 2. Declared a lawful structure, and a post-route. That any bridge built under this act and subject to 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, or for passengers and freight passing over said bridge than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States.
Sec. 3. Spans. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred FORTY SEVENTH CONGRESS. Sess. II. Ch. 100. 1883. 483 feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point, of location, and at least eighty feet above low-water, and the bridge shall lie at right angles to, and its piers parallel with, the current of the river: *Provided,* That if the same shall be constructed*Proviso*.Construction as draw-bridge. as a drawbridge it shall have two or more pivot or draw span openings over the main channel of the river, giving two hundred feet clear channel-way in each opening, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river.
Also that all fixed spans located between the shore lines, at the medium stage of water, shall be three hundred feet or more in length, and that the clear head room under such spans shall not be less than ten feet at highest water: *Provided also,* That said draw shall be opened*Proviso*.Signals. promptly by said company, upon reasonable signal, for the passage of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge, as the Light-House Board shall prescribe.
No bridge shall beNot to obstruct free navigation. erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river, and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge.
And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Missouri in which any portion of said obstruction or bridge may be located: *Provided further,* That nothing in this act shall be so*Proviso*. construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same.
Sec. 4. That all railroad companies desiring the use of said bridge shallEqual rights and privileges to other railroads. have and be en titled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties: *Provided,* That the provisions of section two*Proviso*. in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge.
Sec. 5. That 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 shallPlans, drawings, location, etc., to be approved by Secretary of War. submit to the Secretary of War, for his examination and approval, a design and drawings 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-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; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be 484 FORTY SEVENTH CONGRESS.
Sess. II. Ch. 100–102. 1883. 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. Sec. 6. Right to repeal, etc., reserved. That the right to alter, amend, or repeal tins act is hereby expressly reserved. And the right to require any changes in said structure or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved.
Approved, March 3, 1883.