Chapter 242. authorizing the Sioux City and Pacific Railroad Company to construct and maintain a Railroad Bridge over the Missouri River
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CHAP. 242.— An Act authorizing the Sioux City and Pacific Railroad Company to construct and maintain a Railroad Bridge over the Missouri River.June 27, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Sioux City and Pacific Railroad That the Sioux City and Pacific 113 Railroad Company, a corporation existing under the laws of the StateCompany to build bridge over the Missouri River. of Iowa, or its assigns, are hereby authorized, for the purpose of making a more perfect connection for its line over the Missouri River, to construct and maintain a railroad bridge across said river at the most suitable and convenient point within ten miles of the present crossing, between the County of Washington in the State of Nebraska, and the County of Harrison in the State of Iowa.
Sec. 2.— That said bridge shall be constructed and built without material interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure a compliance with these conditions the corporation, previous to commencing the construction of the bridge, or of the accessory works designed to secure the best practical channel-way for navigation and confine the flow of the water to a permanent channel at said point, shall submit to the Secretary ofPlan, etc., to be submitted to Secretary of War.
War a plan of the bridge and of such accessory works, together with a detailed map of the river at the proposed site of the bridge and for a distance of a mile above and below the site, together with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed conditions of this act; that said bridge shall be constructed and built without material interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted. *Provided*, That if the said bridge shall be made with unbroken and*Proviso*.Form and construction. 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, 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 any bridge built*Proviso*.Draw. under this act shall 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 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 span or spans to the draw shall not be less than two hundred and fifty feet. *Provided, also*, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lightsLights.*Proviso*.Rights of railroad companies to use bridge preserved. or other signals on said bridge, as the Light House Board shall prescribe. *Provided, also*, That all railway companies desiring to use 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 shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in case they shall not agree.
Sec. 3.— That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approve the plan and location of Approval of Secretary of War.said bridge and accessory works, and notify the company of the same, the bridge shall not be built; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War. 114 Sec. 4.— That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized Made a post-route.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 said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge.
Sec. 5.— That said corporation may execute a mortgage upon theAuthorized to execute mortgage and issue bonds. bridge, its approaches and appurtenances, including said accessory works, and issue bonds secured by the same, bearing such rate of interest, and payable, principal and interest, as such corporation shall determine; and such mortgage shall constitute the first lien upon the said bridge and other property in said mortgage mentioned and described. Sec. 6.— That the United States shall have the right-of-way for postalRight of way for postal telegraph reserved to the United States.Permission for assignment of rights, etc. telegraph across said bridge.
Sec. 7.— That the Sioux City and Pacific Railroad Company may assign all the rights, privileges, and franchises conferred by and contained in this act, if said company shall deem said assignment expedient *Proviso*.and for its best interests: *Provided, however*, That said bridge, if built by the assigns of said company, shall be constructed and maintained in all respects on the terms and subject to the conditions, limitations, and restrictions herein contained, reserving the right to Congress to amend, alter, or repeal this act.
Approved, June 27, 1882.