Chapter 71. to authorize the construction of a railroad bridge across the Missouri River, in the county of Monona, in the State of Iowa, and in the county of Burt, in the State of Nebraska
1,144 words·~5 min read·
/statutes-at-large/vol-26/chapter-71-204692·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 71.— An Act to authorize the construction of a railroad bridge across the Missouri River, in the county of Monona, in the State of Iowa, and in the county of Burt, in the State of Nebraska.April 9, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Iowa and Decatur Bridge Company may bridge Missouri River from Monona County, Iowa, to Burt County, Nebr. That the Iowa and Decatur Bridge Company, a corporation organized under the laws of the State of Iowa, its successors and assigns, be, and they are hereby, authorized to construct and maintain a railroad bridge over the Missouri River from and through section numbered seven, in township numbered eighty-three north of range forty-six west of the principal meridian, in the county of Monona, State of Iowa, and in and through the county of Burt, in the State of Nebraska.
Sec. 2. That any bridge built under the provisions of this actHigh bridge.Spans. 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 three hundred feet and a clear head room of not less than fifty feet above high-water mark: and the piers of said bridge shall bePiers. parallel with the current of the river, and the bridge itself at right angles thereto: *Provided*, That if actual construction of the bridge*Proviso*.Commencement and completion. herein authorized shall not be commenced within two years from the passage of this act, and be completed within four years from the same date, the rights and privileges herein granted shall cease and be determined.
Sec. 3. That any bridge constructed under this act and accordingLawful structure and post-route. to its limitations shall be a lawful structure, and shall be known as a post-route, and the same is hereby declared to be a post-route, upon which 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, and for passengers or freight passing over said bridge than the rate per mile paid for their transportation over the railroads and public highways leading to said bridge; and equal privileges inUse by telephone and telegraph companies. the use of said bridge shall lie granted to all telephone and telegraph companies, and the United States shall have the right of way forPostal telegraph. postal telegraph purposes across said bridge.
Sec. 4. That all railway companies desiring to use said bridgeUse by railway companies. 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 all the approaches thereto, under and upon such terms andTerms. 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. 5. That.the structure herein authorized shall be built andSecretary of War to approve plans, etc. located under and subject to such regulations for the security of the 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 drawing 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 shoreline 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 us shall be required for a full and satisfactory understanding of the subject: and until the said plan and location of theLocation, etc. bridge are approved by the Secretary of War, the bridge shall not be commenced or built; and should any change be made in the plan of said bridge during the progress of construction, such change shallChanges. be subject to the approval of the Secretary of War; and the said bridge shall be constructed with such aids to the passage of saidAids to navigation. bridge, in the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent and easily navigated channel for a distance of not less than one mile 48FIFTY-FIRST CONGRESS.
Sess. I. Chs. 71, 72. 1890. above the bridge location, and for the guiding of rafts, steamboats, and other craft safely through the draw and raft spars as the Secretary of War shall prescribe and order to be constructed and maintained, at the expense of the company owning said bridge; and the said structure shall be at all times so kept and managed as to offer Passage of vessels.reasonable and proper means for the passage of vessels through or under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours of sunset to Lights.sunrise, such lights as may be prescribed by the Light-House Board; and the said structure shall be changed or removed at the cost and expense of the owners thereof as the Secretary of War may direct, Free navigation.so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject Subject to revocation.to revocation and modification by law, when the public good shall, in the judgment of the Secretary of War, so require, without any expense or charge to the United States.
Sec. 6. Protective works. That said company or its successors may construct and maintain defensive and corrective works in or along said river above and below said bridge, for the protection of the same, and the approach thereto, or the improvement, correction, or control of the channel of said river. Sec. 7. Abutments upon Omaha Reservation, Nebr. That incase the western end of said bridge shall abut upon the Omaha Indian Reservation in the State of Nebraska the right to construct the same thereon and the approaches thereto, together with all structures proper for the construction, maintenance, and operation of said bridge is hereby granted and conferred: *Provided*, *Proviso*.Compensation to Indian land holders.That compensation therefor shall first be made to the Indians holding in severalty or by allotment the lands upon or over which said approaches, tracks,, or structures are erected, built, and maintained, to their satisfaction, or to the satisfaction of the Secretary of the Interior, or by proceedings for condemnation in the usual manner under the laws of the State of Nebraska.
Sec. 8. Amendment. That the right to alter, amend, or repeal this act is expressly reserved. Approved, April 9, 1890.