Chapter 118. to authorize the construction of a bridge across the Missouri River at the city of Leavenworth, Kansas
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CHAP. 118.— An Act to authorize the construction of a bridge across the Missouri River at the city of Leavenworth, Kansas.June 23, 1884. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Bridge over the Missouri River at Le avenworth, Kans. That it shall be lawful for the Leavenworth Bridge Company, a corporation organized for that purpose under the general corporation laws of the State of Kansas, or its assigns, 51 FORTY-EIGHTH CONGRESS.
SESS. I. CH. 118. 1884. to construct, under and subject to the conditions and limitations hereafter provided, a bridge across the Missouri River, at the city of Leaven worth, Kansas, and lay on and over said bridge railway tracks, for the more perfect connection of any and all railways that now are, or which may hereafter be, constructed to the Missouri River at the city of Leavenworth, or to the river on the opposite side of the same, near the city of Leavenworth, and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot-passengers, and to keep up and maintain and operate said bridge Privileges of other railroads.Tolls; rates to be prescribed by the Secretary of War.Construction.*Proviso.*Continuous spans.*Proviso.*Piers.*Proviso.*drawbridge.*Proviso.*Lights and signals.*Proviso.*Navigation o f river not to be obstructed.Plans, etc., to be submitted to Secretary of War for his approvaII.*Proviso.*Free navigation preserved.for the purposes aforesaid ; and that when said bridge is constructed all trains of all railroads terminating at said river, and on the opposite side thereof, at the city of Leavenworth, Kansas, shall be allowed to cross said bridge for reasonable compensation to be made to the owners of the same; and if the amount of said compensation . cannot be agreed upon by the parties, the same shall be fixed by the Secretary of War.
The owners of said bridge may also charge and receive reasonable compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles, animals, and foot passengers: *Provided,* That the Secretary of War may at any time prescribe such rules, regulations, and rates of toll for transit and transportation over said bridge as may be deemed proper and reasonable. Sec. 2. That any bridge built under the provisions of this act may, at the option of the corporation building the same, be built as a draw bridge, with a pivot or other form of draw, or with unbroken or continuous spans: *Provided,* That if the same shall bo made of unbroken continuous spans, it shall not be in any case of less elevation than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure, with straight girders; nor shall the spans of said bridge be less than three hundred feet in the clear at low-water mark; and the piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river: *And provided also,* That if a bridge shall be built under this act as a drawbridge, the same shall be constructed as a pivot-draw bridge, 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 than two hundred and fifty feet; and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the 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 reasonable signal, without unnecessary delay; 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, and such sheer- booms or other structures as may be necessary to safely guide vessels, rafts, or other watercrafts safely through said draw-openings, and as shall be designated and required by the Secretary of War: *And provided further, *That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said object, but shall not imped or obstruct the navigation of said river, and shall be liable in damages for all injuries to private property ; and all plans for such works or erections upon the banks of the river shall first be submitted to the Secretary of War for his approval: *And provided further,* That any bridge built under the provisions of this shall be at right angles to the current of the river.
Sec. 3. That no bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the ‘ree navigation of said river; and no bridge shall be commenced or built under this act until the location thereof and the plans 52 FORTY-EIGHTH CONGRESS. SESS. I. CH. 118, 119 1884. and specifications for its construction shall have been submitted to and approved by the Secretary of War; and any change in the plan of such construction or any alteration in the bridge after its construction, shall be subject to the like approval; and whenever said bridge shall, in the Location, etc., to be approved by Secretary of War.opinion of the Secretary of War, substantially obstruct the free navigation of said river, 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, or persons controlling the same; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of the Missouri River, at or near the crossing of said bridge, caused or alleged to be caused thereby, the cause shall be commenced and tried in the circuit courts of either judicial district of Kansas or Missouri in which the said bridge or any portion of such obstruction touches.
Sec. 4. That any bridge built under this act, and according to itsDeclared a post- route and a lawful structure. 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 transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroad or Lights and safeguards for security of persons, etc.public highways leading to such bridge.
Such lights shall be kept upon said bridge as the Light-House Board shall direct; and said bridge shall moreover be provided with all proper safeguards for the security of person and property. The Right of way for telegraph or telephone lines.United States shall also have the right to construct, without charge therefor, telegraph or telephone lines across said bridge. Sec. 5. That Congress may at any time alter, amend, or repeal this act. Received by the President June 11, 1884. [Note by the Department of State.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]