Chapter 356. authorizing the construction of a bridge across the Missouri River between the cities of Omaha, Nebraska, and Council Binds, Iowa, and for other purposes
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CHAP. 356.— An Act authorizing the construction of a bridge across the Missouri River between the cities of Omaha, Nebraska, and Council Binds, Iowa, and for other purposes.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Omaha and Council Bluffs Railway and Bridge company authorized to bridge Missouri River. That the Omaha and Council Blurts Railway and Bridge Company, an incorporation organized under the laws of the States of Nebraska and Iowa, its successors or assigns, is hereby authorized to construct and maintain a bridge across the Missouri River at that point between the cities of Omaha.
Nebraska, and Council Bluffs, Iowa, and at least one-third of a mile from any other bridge, as shall best promote the public convenience and welfare and the necessities of business and commerce, and also to construct and maintain the accessory works necessary to secure the best practicable channel-way for navigation and to confine the How of water to a permanent channel at such point. That said bridge, and all property belongingRailway, wagon, and foot bridge. thereto or connected therewith, may be constructed, maintained, and used as a combined railway and wagon bridge, for the safe and convenient passage of wagons, carriages, stock, steam, cable, and street cars, foot-passengers, and all road travel.
That said bridge shall not beElevation. of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure; and the piers of said bridge-shall be parallel with the current of said river, and the bridge itself at right angles thereto, and the main span shall be over the main channel of said river and not less than three hundred feet in length in the clear, and no span over the waterway of said river shall be less than three hundred feet in the clear; and the said company or corporation shall maintain, at its ownLights. expense, from sunset to Sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
Sec. 2. That said bridge shall be constructed and built without materialSecretary of War to approve plane, etc. 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 that object the said company or corporation shall 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 shorelines 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 and the location of any other bridge or bridges.
Sec. 3. That the Secretary of War is hereby authorized and directed,On approval, bridge may be commenced. upon receiving such plan and map and other information, and upon being satisfied that a bridge built upon such a plan 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 502 the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge during the progress of the work thereon, Changes.Litigation.such change shall be subject likewise to the approval of the Secretary of War; 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 maybe brought in the circuit court of the United States for the State of Iowa or the State of Nebraska in which any portion of said obstruction or bridge may be located.
Sec. 4. That the said bridge and accessory works, when built and constructedTo be a lawful structure and post-route. under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge 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 said bridge shall enjoy the rights and privileges of other post-routes of the United States; and Congress reserves the right, at any time, to regulate, by appropriate legislation, the charges for Other companies may use.freight and passengers over said bridge; all railroad companies desiring the use of said bridge shall have and be entitled 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 Compensation.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 Secretary of War to decide disagreements.in using said bridge, all matters at issue between them, including the fixing of compensation for the use of said bridge, shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties.
Sec. 5. That the United States shall have the right of way for suchPostal telegraph. postal-telegraph lines across said bridge as the Government of the United States may construct and control. Sec. 6. That Congress shall have power, at any time, to alter, amend,Right to amend, etc., reserved. or repeal this act; and to remove all material and substantial obstructions to the navigation of said river by the construction of said bridge and its accessory works; and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of or persons controlling such bridge; and if said bridge shall not be finished within two years from the passage of this act, the rights and privileges hereby granted shall be null and void.
Approved, March 3, 1887.