Page:United States Statutes at Large Volume 17.djvu/263

FORTY—SECOND CONGRESS. II. Ch. 291, 292. 1872. 228 unauthorized by the provisions of its charter of incorporation, enter upon make s channel the banks of said river, either above or below the point of the location of *°°' *h° *'iV°*”» &¤· said bridge, for a distance of seven miles, and erect and maintain breakwaters, or use such other means as may be necessary to make a channel for said river, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said object, but shall P],,,,, ,0 be not impede or obstruct the navigation of the said river; and all plans for approved by the such works or erections upon the banks of the river shall iirst be submitted S°°'°““'Y °f to the Secretary of War for his approval. W"' Sec. 4. That any bridge constructed under this act, and according to its Bridge to be a limitations, shall be a lawful structure, and shall be known and recognized lswm S*'“°*“"°· as a post—route, upon which, also, no higher charge shall be made for the md a p°SH°ut°' 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 their transporta- Charges tion over the railroads or public highways leading to the said bridge. Sec. 5. That all railway companies desiring to use the said bridge shall All railway have and be entitled to equal rights and privileges in the passage of the gggigzgfsltgghts same, and in the use of the machinery and fixtures thereof, and of all the to usethe bridge. approaches thereto, under and upon such terms and conditions as shall be T¤¤¤S. &¤·, vt prescribed by the Secretary of War, upon hearing the allegations and proofs u"' of the parties in case they shall not agree. Sec. 6. That the plan and specifications, with the necessary drawings of Plans, &e., to said bridge, shall be submitted to the Secretary of War, for his approval, g° *§P'°‘;d bl} and until he approve the plan and location of said bridge it shall not be vd°';,._°°r° rr ° built or commenced; and should any change be made in the plan of said Bridge not to bridge, during the progress of the work thereon, such change shall be sub— gfcb“‘“· ““"1· ject to the approval of the Secretary of War; and all changes in the con- émmges. struction of said bridge that may be directed by Congress shall be made at the cost and expense of the owners thereoil Sec. 7. That the right to alter or amend this act, so as to prevent or Act may be remove all material obstructions to the navigation of said river by the “l“"*d· &°‘ construction of bridges, is hereby expressly reserved. Approved, June 4, 1872. CHAP. CCXCII. —- An Act authorizing the Construction of a Bridge across the Missouri June 4, 1872. River at Brownville, Nebraska. """""`"' Be it enacted by the Senate and House of Representatives of the -I/'nited States ¢y" America in Congress assembled, That it shall be lawful for the Brnwnviiie, Brownville, Fort Kearney, and Pacific Railroad Company, a corporation §;’5°,§‘;§‘g2°,{_R_ organized under the laws of the State of Nebraska, having authority for ge, may buns e that purpose from the States of Nebraska and Missouri, to build a bridge llggdgs WE? UR; across the Missouri river at Brownville, Nebraska, and to lay on and over B;ff2§;lue"§r; said bridge railway tracks for the more perfect connection of any railroads brasku. that are or shall be constructed to the said river, at or opposite said point; and that when constructed, all trains of all roads terminating at said river, All milxlpads at or opposite said point, shall be allowed to cross said bridge for a rea- ’,:?g'g:f° i ° sonablc compensation to the owners of said bridge, under the limitations and conditions hereinafter provided. And in case of any litigation arising In ease oflitifrom any obstruction or alleged obstruction to the free navigation of said §:*;Q,2h°;:;i;_° river, the cause may be tried before the district court of the United States of either State in or opposite to which any portion of said obstruction or bridge may be. , Sec. 2. That said Brownville, Fort Kearney, and Pacific. Railroad Bridge may be Company may, at their option, build. said bridge as a drawbridge, with giuvggifngrogz a pivot or other form of draw, or with unbroken and continuous spans: Spam, Provided, That if the said bridge shall be made with unbroken and con- il with untinnous spans it shall not be of less elevation in any case than fifty teet bm °° ’l”“" above extreme high-water mark, as understood at the point of location,