Chapter 6. to authorize the construction of a bridge across the Missouri River at some accessible point within one mile north and one mile south and east of the mouth of the Kansas River
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CHAP. 6.— An Act to authorize the construction of a bridge across the Missouri River at some accessible point within one mile north and one mile south and east of the mouth of the Kansas River.February 6, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Missouri River and Land Improvement and Construction Company may bridge Missouri River, near Kansas City, Mo. That the Missouri River and Land Improvement and Construction Company, a corporation organized under the laws of the State of Kansas, or its assigns, is hereby authorized to construct and maintain a bridge across the 4FIFTY-FIRST CONGRESS.
Sess. I. Ch. 6. 1890. Missouri River at such a point as may be hereafter selected by said corporation, or its assigns, within one mile north of the mouth of the Kansas River, in the county of Wyandotte, in the State of Kansas, and one mile south and east of the mouth of the Kansas River, in the county of Wyandotte, in the State of Kansas, and in the county of Jackson, in the State of Missouri, to the county of Clay, in the State of Missouri, as shall best promote the public convenience and welfare and the necessities of business and commerce; and also to construct accessory work to secure the best practicable channel-way for navigation and confine the flow of the water to a permanent channel at such point; and also to layon and over said bridgea Railway, wagon, and foot bridge.railway track or tracks for the more perfect connection of any railroads that are or shall be constructed to said Missouri River at or opposite said point; and said corporation may construct and maintain ways for wagons, carriages, horses, or other animals, and for Tolls.foot-passengers. charging and receiving reasonable toll therefor as may be approved from time to time by the Secretary of War.
Sec. 2. Secretary of War to approve plans, etc. That said bridge shall be constructed and built without interference with the security and convenience of navigation of said Missouri 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 Missouri 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, 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 he built: *Proviso*.If above Kansas River.*Provided*, That if said bridge be built above the mouth of the Kansas River it. shall be built as a high bridge with unbroken and continuous spans, having at least one channel span of not less than four hundred feet clear channel-way, all other spans over the waterway to have a clear channel-way of not less than three hundred feet; and all said spans shall have a clear headroom of not less than fifty feet above high-water mark: and if it shall be built below the mouth of Below Kansas River.the Kansas River it shall be built as a high bridge with unbroken and continuous spans, all spans over the waterway to have a clear channel-way of not less than four hundred feet, and a clear headroom of not less than fifty-five feet above high-water mark.
And the piers of said bridge shall be paralleled with the current of said river at the stage of water which is most important to navigation, and the bridge itself shall be built as nearly as may be at right angles thereto; and said company or corporation shall maintain, at its own Lights.expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: *Provided, also*, Use by other companies.That all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of Terms.all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree.
Sec. 3. Notification f approval. That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon being satisfied that a bridge built on such plan, and with such accessory works, 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 the said company may proceed to an erection of said bridge, conforming strictly to the FIFTY-FIRST CONGRESS.
Sess. I. Chs. 6–7. 1890. 5 approved plan and location; and should any change be made in theChanges. plan of the bridge or said accessory works, during the progress of work thereon, such change shall be subject likewise to the approval of the Secretary of War, and in case of any litigation arising fromLitigation. any obstruction or alleged obstruction to the free navigation of said Missouri 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 State of Kansas or State of Missouri in which any portion of said obstruction or bridge may be located.
Sec. 4. That the said bridge and accessory works, when built andLawful structure and post-route. constructed 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 in the United States: and Congress reserves the right at any time to regulate by appropriateRight to regulate charges. legislation the charges for freight and passengers over said bridge.
Sec. 5. That the United States shall have the right of way for suchPostal telegraph. postal-telegraph lines across said bridge as the Government may construct or control. Sec. 6. That Congress shall have power at any time to cause to beRemoval of obstructions. 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 at the expense of the owners of or persons controlling such bridge.
Sec. 7. That this act shall be null and void if actual constructionCommencement and completion. of the bridge herein authorized be not commenced within one year and completed within three years from the date hereof. Sec. 8. Congress shall have power, at any time, to amend or repealAmendment, etc.. this act as in its judgment the public interests shall require. Approved, February 6, 1890.