Chapter 337. to authorize the construction of bridges across the Great Kanawha River below the Falls, and to prescribe the dimensions of the same
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CHAP. 337.— An Act to authorize the construction of bridges across the Great Kanawha River below the Falls, and to prescribe the dimensions of the same.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Bridges across Great Kanawha River, W. Va. That any persons or corporations having lawful authority to erect a bridge or bridges across the Great Kanawha River, in West Virginia, may hereafter erect bridges across said river, for railroad or other uses, upon compliance with the provisions and requirements of this act.
Sec. 2. That every bridge erected across the Great Kanawha River,Construction. in West Virginia, shall have its axis at right angles to the current at high towing stages, with its piers parallel to this current, and all of its spans shall be through spans. No riprap or other outside protection for insufficient foundations will be permitted around the channel-piers, and all cofferdams or other temporary works must be removed by the owners of the bridge before it is opened to traffic.
Every such bridge shall have at least one channel-span, the center of which Channel-span.shall be in the middle of the channel usually run by descending coal fleets in high towing stages, said channel-span to have a clear opening of four hundred feet at low-waterline. Said channel-span shall be at least twenty-nine 473 feet, measured to the lowest part of the span, above local highest water thus far known, as determined by the United States engineers, and shall be at least ninety feet above, low water in bridges built at or near the mouth of the river, and seventy-five feet above low water in bridges built at or near Charlston, West Virginia.
Sec. 3. That any persons or corporations authorized to construct aNotice to be published. bridge across the Great Kanawha River shall give notice by publication for two weeks in newspapers having a wide circulation, in not less than two newspapers in each of the cities of Louisville, Kentucky; Cincinnati, Ohio; Gallipolis, Ohio, and Charleston, West Virginia, and shall submit to the Secretary of War, for his examination, a designPlans, etc., to be submitted to Secretary of War. 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 and the shorelines at high and low water.
This map shall be accompanied by others, drawn to a scale of one inch to two hundred feet, giving, for a space of one half a mile above the line of the proposed bridge and a quarter of a mile below, an accurate representation of the bottom of the river by contour-lines two feet apart, determined by accurate soundings, and also showing over the whole width of this part of the river the force and direction of the currents at low-water and at high towing stages, by triangulated observations on suitable floats.
The maps shall also show the locations of other bridges, locks, and dams, coal-tipples, cribs, and all public and private structures in the vicinity inside of high-water lines, and shall give such other information as the Secretary of War may require for a full and satisfactory understanding of the subject. Said maps and drawings shall be referred to a board ofBoard of engineers to examine and report. engineer officers for examination and report, which board shall personally examine the site of the proposed bridge, and shall hold a public session at some convenient point to hear all objections thereto, of which public session due notice and invitation to be present shall be given to all interested parties; and if said board of engineer officers report that the site is unfavorable, the Secretary of War shall be authorized, on the recommendation of said board, to order such changes in the bridge or its piers, or such guiding-dikes or other auxiliary works, as may be necessary for the security of navigation; and such changes or additions shall be made at the expense of the owners of said bridge; and the proposedApproval of Secretary of War. bridge shall only be a legal structure when built as approved by the Secretary of War.
Sec. 4. That all parties owning, occupying, or operating bridgesLights, etc. over the Great Kanawha River shall maintain, for the security of navigation, 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 or the. United States engineer officer in charge of said river; and during the construction of any bridge under this act, such lights and buoys shall be kept on cofferdams, cribs, piles of stone, floating crafts, rafts, and so forth, used in the construction of the bridge, as may be necessary for the security of navigation.
Sec. 5. That the officers and crews of all vessels, boats, or rafts navigatingVessels not to interfere with construction. the Great Kanawha River are required to regulate the use of the said vessels, and of any pipes or chimneys belonging thereto, so as not to interfere with the construction of any of the bridges authorized by the provisions of this act. Sec. 6. That any bridge constructed under this act and according toTo be lawful structures and post-routes. 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 the Baid bridge; and the United States shall have the right of way for telegraph or telephone purposes across any such bridge; and in case of anyLitigation. litigation arising from any alleged obstruction to the navigation of said 474 Great Kanawha River created by the construction of any bridge under this act, the cause or question arising may be tried before the circuit or district court of the United States for the district of West Virginia.
Sec. 7. That the right to alter, amend, or repeal this act so as to preventRight to amend etc., reserved. or 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 any change in the construction or any alteration of any such bridge that may be directed at any time by Congress shall be made at the cost and expense of the owners thereof.
Approved, March 3, 1887.