Chapter 174. to amend an act entitled “An act authorizing the construction of a high wagon-bridge across the Missouri River at or near Sioux City, Iowa,” approved March second, eighteen hundred and eighty-nine
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CHAP. 174.— An Act to amend an act entitled “An act authorizing the construction of a high wagon-bridge across the Missouri River at or near Sioux City, Iowa,” approved March second, eighteen hundred and eighty-nine.April 30, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Bridge across Missouri River at Sioux City, Iowa.Act authorizing, amended.Vol. 25, p. 49.Pacific Short Line Bridge Company substituted for Sioux City.Railway, wagon, and foot bridge.Pivot-draw, etc.
That section one of the act entitled “An act authorizing the construction of a high wagon-bridge across the Missouri River at or near Sioux City, Iowa,” approved March Second, eighteen hundred and eighty-nine, be amended so that it. shall read as follows: “That it shall be lawful for the “Pacific Short Line Bridge Company” to construct and maintain a combined wagon, railroad, and foot-passenger bridge of the kind known as a ‘pivot drawbridge’, with one or more draws, as may be prescribed by the Secretary of War. across the Missouri River at or near Sioux City, in the State of Iowa, so as to connect with the opposite shore of the said river in the State of Nebraska, for the passage of wagons, railroad trains, and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as the city of Sioux City.
Iowa, may from time toTolls. time prescribe, subject to the approval of the Secretary of War: *Provided*, That said bridge shall not be built or commenced until*Provisos*.Secretary of War to approve plans, etc. the plan and specifications for its construction have been submitted to the Secretary of War for his approval, nor until he shall approve the plan and location of said bridge; and if any change be made in the plan of construction of said bridge at any time such change shall be subject to the approval of the Secretary of War; and any change in the construction or any alteration of said bridge that maybe directed at any time by Congress or the Secretary of War shall be made at the cost and expense of the owners thereof: *Provided*, That said Pacific Short Line Bridge Company shall, at its own expense, build and maintain, under direction and supervision of the Secretary of War, such wing-dams and booms or other works necessary to maintainWing-dams, booms, etc. the channel within the draw span or spans of said bridge, and shall, at their own expense, maintain a depth of water through said drawWater depth at draw-spans. span or spans not less than that now existing, as shown by the report of the War Department, at the point where said bridge may be located; and if said Pacific Short Line Bridge Company shall fail to maintain such channel as aforesaid, then the Secretary of War may cause said channel to be opened and maintained at proper depth for navigation through said span or spans at the expense of the owners of said bridge, or may remove obstructions to navigation asObstructions to navigation. provided in section six of said act approved March second, eighteen hundred and eighty-nine.
Sec. 2. That section two of said act be amended by striking outAmendments to section two.Vol. 25, p. 849. the word “three.” in the fourth line of the second proviso, after the word “them” and before the word “hundred,” and inserting in lieu thereof the word “two;” also by inserting immediately after the word “clear,” in the next line, the words “on each side of the pivot-pier,” so that the second proviso shall read as follows: “*And Provided also*, That if any bridge built under this act be constructed as a draw bridge it shall have a draw over the main channel of theLocation of draw.Width of spans. river at an accessible and navigable point, and with a span or spans not less than two hundred feet in length in the clear on each side of the pivot pier.
” Sec. 3. That all railroad companies desiring the use of said bridge,Use by other companies. approaches, and accessory works shall have and 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 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 the sum or sums to be paid and upon rules and conditions to which each shall conform in using said bridge, all matters in issue between 80FIFTY-FIRST CONGRESS.
Sess. I. Chs. 174, 180, 181. 1890. them shall be decided by the Secretary of War upon reasonable notice to the parties in interest and upon consideration of such allegations and proofs as may be submitted to him. Sec. 4. Amendment of title of act.Vol. 25, p. 849. That the title of the said act be amended so as to read in lieu thereof; “An act authorizing the construction of a combined wagon, railroad, and foot-passenger bridge, of the kind known as a ‘pivot draw-bridge,’ across the Missouri River at or near Sioux City.
Iowa.” Approved, April 30, 1890.