Chapter 472. to authorize the construction of a bridge over the Missouri River at or near the city of Omaha, Nebraska
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CHAP. 472.— An Act to authorize the construction of a bridge over the Missouri River at or near the city of Omaha, Nebraska.June 22, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Nebraska Central Railway Company may bridge Missouri River at Omaha, Nebr. That the Nebraska Central Railway Company, a corporation existing under the laws of the State of Nebraska, be, and is hereby, authorized to construct, operate, and maintain a bridge over the Missouri River at or near the city of Omaha, in said State of Nebraska: said bridge when built shall not be located less than one-third of one mile from any other Railway, wagon, and foot bridge.bridge across said river, then built or in process of construction.
Said bridge shall be constructed to provide for the passage of railway trains, and, at the opt ion of the persons by whom it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of Litigation.toll as may be approved from time to time by the Secretary of War; and in case of any litigation concerning any alleged obstruction to the free navigation of said river on account of said bridge, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of said obstruction or bridge is located.
Sec. 2. That any bridge constructed under this act and accordingLawful structure and post-route. 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 for the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over railroads or public highways leading to said bridge; and the United States and all companies and individuals Postal telegraph.shall have the right of way for telegraph, postal telegraph, and telephone purposes across said bridge.
Sec. 3. That if said bridge shall be made with unbroken and continuousConstruction.Spans. spans it shall not be of less elevation in any case than fifty feet above high-water mark, as understood at the point of location, to the lowest member of the bridge superstructure, nor shall the spans of said bridge over the main channel of said river be less than three hundred and fifty feet in length, and the piers of said bridge shall be parallel with the current of said river, and the bridge itself at right angles thereto: *Provided*, That if said bridge be *Provisos*.Draw.constructed as a drawbridge, it shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and the best 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 said spans shall not be less than ten feet above low-water mark, measuring to the lowest member of the bridge superstructure. *And provided also*,Opening draw.
That said draw shall be opened promptly upon reasonable signal, except when trains are passing over the said bridge, for the passage of the boats whose construction shall not be such as to admit of their passage under the draw of said bridge when closed; but in no case shall unnecessary delay occur in opening the said draw after FIFTIETH CONGRESS. Sess. I. Chs. 472, 478. 1888.199 the passage of trains; and the said company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights orLights, etc. other signals on said bridge as the Light-House Board shall prescribe.
Sec. 4. That all railroad companies desiring the use of said bridgeOther companies may use. shall have and be entitled to equal rights and privileges relative to the passage of railway trains 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 or 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 hearingSecretary of War to decide terms, etc. of the allegations and proofs of the parties.
Sec. 5. That any bridge authorized to be constructed under thisSecretary of War to approve plans, etc. 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 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 current 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 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: and if said bridge is not commenced within two years and completed withinCommencement and completion. four years from the passage of this act, the rights and privileges hereby granted shall be null and void.
Sec. 6. That the right to alter, amend, or repeal this act is herebyAmendment. 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. Sec. 7. This act shall be null and void unless the construction ofCommencement and completion. the bridge hereby authorized shall be commenced within two years and be completed within four years from the date of the approval of this act.
Approved, June 22, 1888.