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mitted to and apretary of War.

Proviso.

Spans.

practical channel-way for navigation and confine the flow of the water to a permanent channel, and for the guiding of steamboats and rafts Plan to be sub- safely through the draw spans at said point, shall submit to the Secreproved by the Sec-tary of War a plan of the bridge and of such accessory works, together with a detailed map of the river at the proposed site of the bridge and for a distance of a mile above and below the site, together with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed conditions of this act; that, as nearly as practicable, the said bridge shall be at right angles to and the piers parallel with the current of said river; and if it be found hereafter that the said bridge or accessory works materially interfere with the security and convenience of naviga tion of said river beyond what is necessary to carry into effect the rights and privileges hereby granted, by reason of any defect or failure in the accessory works aforesaid to accomplish the purpose for which they are designed, it shall be the duty of the Secretary of War to require the necessary changes to be made therein in the interest of navigation, at the expense of the owners: Provided, That as to any bridge built under this act, if the said bridge shall be made with unbroken and continuous spans, it shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred feet in length, and the main span shall be over the main channel of the river and not less than two hundred feet in length: And provided also, That if any bridge built under this Pivot draw- act shall be constructed as a draw bridge, the same shall be constructed as a pivot-draw bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans not less than ten feet above extreme high-water mark at the point of location, and of not less length than stipulated below for the several bridges, namely: Over Lake Saint Croix the draw-spans shall not be less than one hundred and sixty feet, and over the Chippewa River, the draw-span shall not be less than one hundred and forty feet on each side of the central or pivot pier cf the draw, and the next adjoining span or spans shall not be less than ne hundred and forty feet; over the Wisconsin River the draw-spans shall not be less than one hundred feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall be not less than one hundred and twenty-five feet in length, unless otherwise expressly directed by the Secretary of War, and if so directed shall be according to such direction: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of Lights and sig- boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the light-house board shall prescribe: Provided also, That all Privileges of railway companies desiring to use said bridge shall have and be en

Proviso.

bridge.

Spans.

Proviso.

nals.

Proviso.

other railroads.

etc., by Secretary

etc.

titled 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 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.

Notice of apSEC. 3. That the Secretary of War is hereby authorized and directed, proval of plans, upon receiving any such plans and map and other information, and of War, to be given, 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 approved plan and location; but until the Secretary of War approve the plan and location of said bridge and accessory works, and notify the company of the same, the bridge shall not be; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work

thereon, such change shall be subject likewise to the approval of the Secretary of War.

Declared a law

post-route.

SEC. 4. That any bridge and accessory works, when built and constructed under this act and according to the terms and limitations ful structure and thereof, shall be a lawful structure; 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 appropriate legislation the charges for freight and passengers over said bridge.

SEC. 5. That the United States shall have the right of way for postal telegraph across said bridges.

SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any changes in such structure, or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interests requires it, is also expressly reserved.

Approved, June 12, 1884.

Charges for freight and passen

gers.

Right of way for postal telegraph.

CHAP. 82.—An act to authorize the construction of a bridge across the Missouri River at a point to be selected between the north and the south line of the county of Douglas, State of Nebraska, and to make the same a post-route.

June 12, 1884.

Bridge across

Proviso.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Nebraska Central Railway Company, an incorporation organized under the laws of the the Missouri River, Donglas County. State of Nebraska, is hereby authorized to construct and maintain a Nebraska. bridge across the Missouri River at such a point as may be hereafter selected by said corporation between the north and the south line of the county of Douglas, in the State of Nebraska, and at least one-third of a mile from any other bridge, as shall best promote the public convenience and welfare and the necessities of business and commerce, and also to construct accessory works 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 lay on and over said bridge a railway track for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point; and said corporation shall construct and maintain ways for wagons, carriages, and for foot passengers, charging and receiving reasonable toll therefor as may be approved from time to time by the Secretary of War: Provided said bridge and all property belonging to or connected with the bridge shall be constructed, maintained and used as a combined railway and wagon bridge for the safe and convenient passage of wagons, carriages, stock, steam cable and street-cars and all road travel; but the same track, shall not be upon the same space, as used for railroad track and cars. SEC. 2. That said bridge shall be constructed and built without material interference with the security and convenience of navigation of river preserved. 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 of War, for his Plan to be subexamination and approval, a design and drawings of the bridge and a mitted to and apmap of the location, giving, for the space of one mile above and one proved by the Secrotary of War. mile below the proposed location, the topography of the banks of the river, the shore lines 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

Navigation of

Proviso.
Spans.

Proviso.

bridge.

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 if the said bridge shall be made with unbroken and continuous spans, it shall have three or more channel spans, and shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length: And provided Pivot-draw also, That if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under such span shall not be less than ten feet above high water mark: Provided also, That said Lights and sig- draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe: Provided also, That Privileges to 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 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.

Spans.

Proviso.

nals.

Proviso.

other railroads.

Notice of approval.

Declared a law

a post-route.

SEC. 3. That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon be ing 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 approved plan and location; and should any change be made in the plan of the bridge or said acces sory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; 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 State of Nebraska or State of Iowa in which any portion of said obstruction or bridge may be located.

SEC. 4. That the said bridge and accessory works, when built and ful structure, and 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 for post-routes in the United States; and Congress reserves the right at freight and passen- any time to regulate by appropriate legislation the charges for freight and passengers over said bridge.

Charges

gers.

Right of way for postal telegraph.

SEC. 5. That the United States shall have the right of way for such postal-telegraph lines across said bridge as the Government may construct or control.

SEC. 6. That Congress shall have power at any time to alter, amend, or repeal this act so as to prevent or remove 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.

Received by the President, May 31, 1884.

[NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]

CHAP. 98.—An act authorizing the President of the United States to appoint Assistant Engineer John W. Saville a passed assistant engineer on the retired-list of the Navy.

June 18, 1884.

John W. Saville

assistant engineer,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and is hereby, authorized to nominate, and by and with the appointed a passed advice and consent of the Senate, to appoint Assistant Engineer John U. S. Navy, and W. Saville, of the United States Navy, a passed assistant engineer in placed on retiredthe Navy, to date with his class on the active-list; and that he be placed list.

on the retired-list of the Navy with the highest rate of retired pay of that grade, to date from and after the passage of this act.

Received by the President, June 6, 1884.

[NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]

CHAP. 99.-An act to authorize the construction of a bridge across the Missouri River at some accessible point within ten miles north and ten miles south of the town of Rulo, in the county of Richardson, in the State of Nebraska.

June 18, 1884.

Richardson County, Nebraska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Atchison and Nebraska Bridge across Railway Company, an incorporation organized under the laws of the State the Missouri River, of Nebraska, is hereby authorized to construct and maintain a bridge across the Missouri River at such a point as may be hereafter selected by said corporation within ten miles north and ten miles south of the town of Rulo, in the county of Richardson, in the State of Nebraska, as shall best promote the public convenience and welfare and the neces sities of business and commerce, and also to construct accessory works Construction. 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 lay on and over said bridge a railway track for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point; and said corporation may construct and maintain ways for wagons, carriages, and for foot-passengers, charging, and receiving reasonable toll therefor as may be approved from time to time by the Secretary of War.

SEC. 2. That said bridge shall be constructed and built without interference with the security and convenience of 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

Tolls.

Plans to be sub

or corporation shall submit to the Secretary of War, for his examina- mitted to Secre tion and approval, a design and drawings of the bridge, and a map of tary of War for his the location, giving, for the space of one mile above and one mile below approval.

the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of

Proviso.
Spans.

Proviso.

the stream, the location of any other bridge or bridges, and shall fur nish 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 if the said bridge shall be made, with unbroken and continuous spans, it shall have three or more channel spans, and shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length: And provided also, That if any bridge built under this act shall be conPivot-draw structed as a draw-bridge, the same shall be constructed as a pivotdraw bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under such span shall not be less than ten feet above highwater mark: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at Lights and sig its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: Provided also, That all railway companies desiring to use said bridge shall have and Privileges of be entitled to equal rights and privileges in the passage of the same,

bridge.

Spans.

Proviso.
Draw.

nals.

Proviso.

other railroads.

Notice of approval.

Declared a law

a post-route.

and in the use of the machinery and fixtures thereof, and of 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. 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 approved plan and location; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; 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 State of Nebraska or State of Iowa in which any portion of said obstruction or bridge may be located.

SEC. 4. That the said bridge and accessory works, when built and conful structure, and structed 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 Charges for post-routes in the United States; and Congress reserves the right at any freight and pas- time to regulate by appropriate legislation the charges for freight and passengers over said bridge.

sengers.

Right of way for postal telegraph.

SEC. 5. That the United States shall have the right of way for such postal-telegraph lines across said bridge as the Government may construct or control.

SEC. 6. That Congress shall have power at any time to alter, amend, or repeal this act so as to prevent or remove all material and substantial obstructions to the navigation of said river by the construction of said

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