Chapter 857. To authorize the construction of a bridge across the Missouri River and to establish it as a post road
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CHAP. 857.— An Act To authorize the construction of a bridge across the Missouri River and to establish it as a post road. February 28, 1903.[[Public, No. 123](/us/pl/34/123).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Missouri River.Kansas City, Parkville and Saint Joseph Electric Railway Company may bridge, at Kansas City, Mo. That it shall he lawful for the Kansas City, Parkville and Saint Joseph Electric Railway Company (a corporation organized under the laws of the State of Missouri), its successors or assigns, to construct a bridge across the Missouri River at a point on the north boundary line of Kansas City, Missouri, to a point opposite the said Kansas City, Missouri, on the north side of said river, in Clay County, in the State of Missouri, said bridge to be so placed as to be erected between what is known as the Hannibal Bridge and Troost avenue, in Kansas City, Missouri; that said bridge may be constructed for railway and postal service and a passage for persons and vehicles, with single or double tracks for railway traffic,919and which shall be under the conditions and limitations hereinafter specified.
Sec. 2. That said bridge shall not unreasonably interfere with theUnobstructed navigation.Litigation. free navigation of said river; 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 herein authorized to be constructed may beConstruction. constructed either as a drawbridge or as a high bridge with unbroken and continuous spans.
If constructed of unbroken and continuousHigh bridge. spans, then it shall not be of less elevation than fifty-two feet above the high-water grade line for bridges as established by the Missouri River Commission. Nor shall any of the spans of said bridge over the waterway be less than four hundred feet in the clear between the piers and abutments, and the piers thereof shall be parallel with the current of the river and the bridge itself at right angles thereto as nearly as may be.
If said bridge is constructed as a drawbridge, theDrawbridge. same shall be constructed as a pivot drawbridge, with a draw over the main channel, with spans of such clear width of opening as the Secretary of War shall prescribe, and the next adjoining spans to the draw shall also be of such length as he shall prescribe, and said spans shall not be 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 and the bridge itself at right angles thereto as nearly as may be: *Provided*, That the said corporation,*Provisos.*Aids to navigation. its successors or assigns, shall build and maintain at all times, as accessory works to said bridge, such booms, piers, dikes, guard fences, and similar devices as may be necessary, in the judgment of the Secretary of War, to insure at all times a permanent channel for a sufficient distance above and below the bridge site, and for the guiding of rafts, steamboats, and other water craft safely through or under said bridge: *And provided further*, That said draw shall be openedOpening 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 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 and telephone companies.
The United StatesTelegraph, etc. rights. shall have also the right of way over said bridge for postal-telegraph and telephone purposes. Sec. 5. That said bridge shall be constructed to provide for theStreet railway, wagon, and foot bridge. passage of wagons and vehicles or all kinds of street railway cars and motors, as well as foot passengers, and for all road travel, and all street railways desiring to use said bridge shall be entitled to equal rightsUse by other roads. and privileges in using the same and the machinery and fixtures thereto belonging, and also the approaches thereto, at reasonable compensation and rate of toll, as may be approved from time to time by the SecretaryToll. of War, and in case of any disagreement between the owner or owners of said bridge and those desiring its use, in respect to tolls to be paid and the rules and conditions to be complied with in using said bridge, all 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. That the said railway company before entering upon the construction of such bridge shall submit to the Secretary of WarSecretary of War to approve plans, etc. plans thereof, and a map of the location giving, 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 stages of water, showing also 920the 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 Changes.of said bridge.
The Secretary of War may 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. Protection to navigation.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, etc.lights and signals as may be directed by the Light-House Board. And such changes shall he 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 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. Time of construction.That this Act shall be null and void unless actual construction 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. Amendment.That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 28, 1903.