Chapter 666. to authorize the construction of a bridge across the Missouri River and to establish it as a post-road
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CHAP. 666.— An Act to authorize the construction of a bridge across the Missouri River and to establish it as a post-road.July 17, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Chicago, Oquawka and Kansas City Short Line Railway Company may bridge Missouri River at Parkville, Mo.*Post*, p. 885. That it shall be lawful for the Chicago, Oquaka and Kansas City Short Line RailwaY Company, a corporation organized under the laws of the State of Illinois, or its successors or assigns, to construct a bridge across the Missouri River at a point opposite or nearly opposite the town of Parkville, in the State of Missouri; that said bridge may be constructed for railway and postal service, with single or double tracks for railway traffic, and which shall be under the conditions and limitations hereinafter specified.
Sec. 2. That said bridge shall not interfere with the free navigationFree navigation. of said river beyond what may be necessary to carry into effect the rights and privileges herein granted: and in case of any litigation arising therefrom such litigation may be tried and determined by any circuit court of the United States” whose jurisdiction embraces either terminus of said bridge. Sec. 3. That the bridge hereby authorized to be constructed mustConstruction. be constructed either as a draw-bridge or of unbroken spans.
If Spans.constructed of unbroken spans, then it shall not be less in elevation than fifty feet above extreme high water as understood and determined at the point of location, to the bottom chord of the bridge. FIFTIETH CONGRESS. Sess. I. Ch. 666. 1888.313 Nor shall the span of said bridge be less than three hundred and fifty feet in length, and the piers thereof shall be parallel with the current of the river. The main span shall be over the channel of the river and not less than two hundred and fifty feet in length.
In case the said company shall elect to construct said bridge as a draw-bridge,Draw. the same shall be constructed as a pivot draw-bridge, with a draw over the main channel with spans not less than two hundred feet in length in the clear on each side of the pivot-piers, and the next adjoining spans to the draw shall not be less than one hundred feet, and the said span shall not be less than thirty feet above low-water mark, and not less than ten feet above extreme high-water mark, measuring from the bottom chord of said bridge; and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected.
And it is further provided that said draw shall openOpening draw. promptly upon proper signal for the passage of boats. Sec. 4. That any bridge constructed under this act shall be a lawfulLawful structure and post-route. structure, and shall be known as a post-road, and the same is hereby declared to be a post-road, over which no higher charge shall be made for the transmission of mails, troops, and munitions of war of the Government of the United States, or for passenger or freight passing over the same, than the rate per mile charged for their transportation over the railroad or public highways leading to the said bridge and equal privileges in the use of said bridge shall be granted to all telegraph companies.
The United States shall have also the right of way over said bridge for postal-telegraph purposes.Postal telegraph.Other companies may use. Sec. 5. That all railway companies desiring to use said bridge shall be entitled to equal rights and privileges in using the same, of the machinery and fixtures thereto belonging, and also of the approaches thereto,Terms. upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in interest, in case the parties in interest shall not be able to agree upon such terms and conditions.
Sec. 6. That the said railway company before entering upon theSecretary of War to approve plans, etc. construction of such bridge shall submit to the Secretary of War plans and drawings of such structure, together with a map of the location thereof, for one mile above and one mile below said location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current of said river at all stages of water, showing also the bed of the river and the channel, with such other and further information as the Secretary of War may require, which said drawings and other information aforesaid shall be examined by him. and if he shall approve the same, he shall so notify the said-railway company of such approval, and said company may then proceed to the erection of said bridge.
The Secretary of War mayAlterations. make such alterations in such plans as he may deem necessary to the better protection of navigation; and such alterations shall be adopted by said railway company. The said railway company may. at any time, make any alterations deemed advisable to be made in said bridge, but must first submit such proposed alterations to the Secretary of War, and his approval shall be first had before they shall be authorized; and all expense attending any such changes shall be paid by the company.
Sec. 7. That the said bridge herein authorized to be constructed shall be so kept and managed at all times as to afford proper means and ways for the passage of vessels under it both by day and night. There shall be displayed on said bridge from sunset to sunrise such lights and signals as may be directed by the Secretary of War. AndLights, etc. such changes may be made from time to time in the structure of said bridge as the Secretary of War may direct at the expense of said railway, in order the more effectually to preserve the free navigation of said river; or the said structure shall be altogether removed, if 314FIFTIETH CONGRESS.
Sess. I. Chs. 666, 676. 1888. in the judgment of the Secretary of War, the public good may require such removal, and without expense or charge to the United States. Sec. 8. That this act shall be null and void, unless actual constructionCommencement and completion. of the bridge herein authorized be commenced within one year and completed within three years from the date of this act being approved. Sec. 9. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved.
Received by the President July 5, 1888. [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.]