Chapter 17. to authorize the construction and maintenance of a bridge across the Missouri River at a point to be selected in the county of Douglas, or m the county of Sarpy, in the State of Nebraska, and the county of Pottawattamie, in the State of Iowa, and to make the same a post-route
1,130 words·~5 min read·
/statutes-at-large/vol-26/chapter-17-46440·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 17.— An Act to authorize the construction and maintenance of a bridge across the Missouri River at a point to be selected in the county of Douglas, or m the county of Sarpy, in the State of Nebraska, and the county of Pottawattamie, in the State of Iowa, and to make the same a post-route.February 21, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Iowa and Nebraska Western Railway Company may bridge Missouri River between Nebraska and Iowa.
That the Iowa and Nebraska Western Railway Company, a corporation organized under the laws of the State of Iowa, is hereby authorized to construct and maintain abridge across the Missouri River on the line on which its railway may be hereafter located, either in Douglas or Sarpy Counties, in the State of Nebraska, and the county of Pottawattamie,Location. in the State of Iowa, and also to construct accessory works to secure a practicable channel way for navigation, and confine the flow of the water to a permanent channel at such point; and also to lay on and over such bridge a single or double railway track, for the moreRailway bridge. perfect connection of its railway, when constructed to said river: *Provided*, That said bridge shall not be located within one-third of*Proviso*.Location limited. a mile of any existing bridge.
Sec. 2. That said bridge shall he constructed and built withoutSecretary of War to approve plans, etc. material interference with the security and convenience of the 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 plan, 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 velocity of the current at the time the aforesaid plan is constructed, and the surroundings, accurately showing the bed of the stream, the location of any other bridge or bridges across the said river within the limits mentioned, 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: *Provided*, That the said bridge shall be*Proviso*.Spans. built with unbroken and continuous spans, it shall have three or more channel spans of not less than three hundred feet each in the clear, and shall not be of less elevation in any ease than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord or to the lowest, member of the floor system of the spans of the bridge, and the piers of said bridge shall be parallel to the current of said river, and the main span shah be over the main channel of the river and not less than three hundred feet in length in the clear; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights orLights, etc. other signals on such bridge as the Light-House Board shall prescribe. 12FIFTY-FIRST CONGRESS.
Sess. I. Chs. 17, 18. 1890. Sec. 3. Notification of approval. That the Secretary of War is authorized and directed, upon receiving such plan. map. and other information, and upon being satisfied that the bridge built upon such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify said company or corporation that he approves the same: and upon receiving such notification said company or corporation may proceed to the erection of said bridge, conforming to the Changes.approved plan and location; and should any change be made in the plan of the bridge or said accessory works, either during the progress of the work thereon or after it shall be completed, such change shall be subject likewise to the approval of the Secretary of War;
Litigation.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 may be brought in the circuit court of the United States of the district where said bridge or any part thereof is located. Sec. 4. Lawful structure and post-route. That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures, and shall be recognized and known as a post-route having the rights and privileges accorded to other post-routes: that 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 thereto, and that the United States shall have the right of way across said bridge Postal telegraph.for postal-telegraph lines.
Sec. 5. Use by other companies. That 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 reasonable compensation for Terms.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 in using said bridge, all Secretary of War to decide disagreements.matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
Sec. 6. Removal of obstructions. That Congress shall have power at any time to cause to be removed 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 borne by the owners of or persons controlling the same. Sec 7. Commencement and completion. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date hereof.
Sec. 8. Amendment, etc. Congress shall have power, at all times, to amend or repeal this act as in its judgment the public interests shall require. Approved, February 21, 1890.