opening on each side of the pivot-pier shall not be less than one hundred and sixty feet in the clear, and, as nearly as practicable, both of said openings shall be accessible at all stages of water, and the spans Channels and shall be not less than ten feet above extreme high water, as understood navigation of riv at the point of location, to the lowest part of the superstructure of the ers to be prebridge, and the piers and draw-rests shall be parallel with, and the served. bridge itself at right angles to, the current of the river or rivers at that stage of the river which is most important for navigation; and no riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channelways provided for in this act. And if the said bridges, or either of them, over the said Saline, Ouachita, and Red Rivers shall be made with unbroken and continuous spans, there shall be at least one span of a height of not less than eighty feet above low water or fifty feet above highest water, as understood at the point of location, measured to the lowest part of the superstructure of said bridge, and said span shall have a clear opening of at least two hundred feet between the piers, measured at right angles to the current, and shall be over the main channel of the river, and the bridge or bridges shall be at right angles to, and the piers parallel with, the current of the river. And if the bridges, or either of them, over the said Saline, Ouachita, and Red Rivers shall be constructed as draw or pivot bridges, the draw or pivot pier shall be over the main channel of the river at an accessible navigable point, and the openings on each side of the pivot pier shall be not less than one hundred and thirty feet in the clear, unless otherwise expressly directed by the Secretary of War, and if so directed shall be according to such direction, and, as nearly as practicable, the said openings shall be accessible at all stages of water, and the spans shall be not less than ten feet above extreme high water, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the piers and draw rests shall be parallel with, and the bridge or bridges, at right angles to, the current of the river or rivers; and no riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channelways provided for in this act; and all and each of said draws shall be opened promptly upon reasonable signal for the passing of boats; and said company shall maintain at its own expense, from sunset till sunrise, such lights or other signals on said bridges as the Light House Board Lights. may prescribe. Draw. Bridges to be SEC. 3. That any bridge built under this act, and subject to its limitations, shall be a lawful structure, and shall be recognized and known post-routes. 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 railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post roads in the United States. SEC. 4. That no bridge shall be erected or maintained under the au- Free navigathority of this act which shall at any time substantially or materially tion to be mainobstruct the free navigation of said rivers; and if any bridge erected tained. under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge or bridges to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. 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 district court of the United States of the State of Arkansas in which any portion of said obstruction or bridge may be located: Provided, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt said bridges from the operation of the same. SEC. 5. That all railroad companies desiring the use of said bridge, Right of railor any of them, shall have and be entitled to equal rights and privileges roads to use relative to the passage of railway trains over the same, and over the bridges preservapproaches thereto, upon payment of a reasonable compensation for ed. Toll. retary of War for approval. such use; and in case the owner or owners of said bridge or bridges and the several railroad companies, or any one of them desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge or bridges, 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 all bridges or any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation of said river or rivers as the SecDesigns and retary of War shall prescribe; and to secure that object the said drawings to be company or corporation shall submit to the Secretary of War, for his submitted to Sec examination and approval, a design and drawings of said bridges, and each of them, 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 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 satisfactory understanding of the subject; and until the said plan and location of the bridge or bridges are approved by the Secretary of War the bridge or bridges shall not be built; and should any change be made in the plan of said bridges, or either of them, during the progress of construction, such change shall be subject to the approval of the Secretary of War. And the said structures shall be changed at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said rivers; and the authority to erect and continue any and all of said bridges shall be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require. June 27, 1882. SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, June 27, 1882. CHAP. 242.-An act authorizing the Sioux City and Pacific Railroad Company to construct and maintain a Railroad Bridge over the Missouri River. Be it enacted by the Senate and House of Representatives of the United Sioux City and States of America in Congress assembled, That the Sioux City and Pacific Pacific Railroad Railroad Company, a corporation existing under the laws of the State Company to build of Iowa, or its assigns, are hereby authorized, for the purpose of makbridge over the Missouri River. ing a more perfect connection for its line over the Missouri River, to construct and maintain a railroad bridge across said river at the most suitable and convenient point within ten miles of the present crossing, between the County of Washington in the State of Nebraska, and the County of Harrison in the State of Iowa. SEC. 2.-That said bridge shall be constructed and built without material 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 a compliance with these conditions the corporation, previous to commencing the construction of the bridge, or of the accessory works designed to secure the best practical channel-way for navigation and confine the flow of the water Plan, etc., to be to a permanent channel at said point, shall submit to the Secretary of submitted to Sec- War a plan of the bridge and of such accessory works, together with a retary of War. 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 said bridge shall be constructed and built without material 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. Proviso. struction. Provided, That if the said bridge shall be made with unbroken and Form and con- 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 and fifty 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 Draw. than three hundred feet in length: And provided also, That if any Proviso Lights. Proviso. Rights of railroad companies to use bridge preserved. 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; but until the Secretary of War approve the plan and location of Approval__of said bridge and accessory works, and notify the company of the same, Secretary of War the bridge shall not be built; 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. SEC. 4.-That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized Made a post and known as a post-route, upon which also no higher charge shall be route. made for the tranmission 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. Authorized to bonds. SEC. 5. That said corporation may execute a mortgage upon the bridge, its approaches and appurtenances, including said accessory execute mortworks, and issue bonds secured by the same, bearing such rate of in- gage and issue terest, and payable, principal and interest, as such corporation shall determine; and such mortgage shall constitute the first lien upon the said bridge and other property in said mortgage mentioned and described. SEC. 6. That the United States shall have the right-of-way for postal telegraph across said bridge. Right of way for postal telegraph reserved to the United States. Permission for SEC. 7.-That the Sioux City and Pacific Railroad Company may assign all the rights, privileges, and franchises conferred by and con- assignment of tained in this act, if said company shall deem said assignment expedi- rights, etc. ent and for its best interests: Provided, however, That said bridge, if Proviso. built by the assigns of said company, shall be constructed and maintained in all respects on the terms and subject to the conditions, limitations, and restrictions herein contained, reserving the right to Congress to amend, alter, or repeal this act. Approved, June 27, 1882. CHAP. 254.—An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury June 30, 1882. Army appropriations. Engineer depot not otherwise appropriated, for the support of the Army for the year ending June thirtieth, eighteen hundred and eighty-three, as follows: ENGINEER DEPARTMENT.-For engineer depot at Willets Point, New at Willets Point. York, namely: For purchase of engineering materials to continue the present course of instruction of the Engineer Battalion in field engineering, one thousand dollars. July 1, 1882. lumbia. For incidental expenses of the depot, remodeling ponton-trains, repairing instruments, purchasing fuel, forage, stationery, chemicals, extra-duty pay to soldiers engaged in special skilled labor, such as wheelwright work, printing, photographing and lithographing engineer documents, and ordinary repairs, four thousand dollars. For replacing, with plain structures of minimum cost, not to exceed eight thousand dollars, two old buildings constructed during the war for hospitals, and now used as photographic laboratory for instructing enlisted men in duplicating military maps in the field, and as moulding-room for instruction in field fortifications, for which purposes the present structures are too small, five thousand dollars. CHAP. 263.-An act making appropriations to provide for the expenses of the gov erm ent of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States District of Co. of America in Congress assembled, That the half of the following sums named, respectively, is hereby appropriated, out of any money in the Appropriations. Treasury not otherwise appropriated, and the other half out of the revenues of the District of Columbia, for the purposes following, being the estimated expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and eightythree, namely: Bridges. Washington Aqueduct. July 3, 1882. Passage of railway trains, etc. For ordinary care of Benning's, Anacostia, and Chain Bridges, two thousand dollars; and for constructing bridge over James Creek Canal at M street south, and for repairing and maintaining bridges under the control of the Commissioners of the District of Columbia, ten thousand seven hundred dollars. WASHINGTON AQUEDUCT. For engineering, maintenance, and general repairs, twenty thousand dollars. Approved, July 1, 1882. CHAP. 266.-An act to authorize the construction of a bridge across the Arkansas Be it enacted by the Senate and House of Representatives of the United States Saint Louis and of America in Congress assembled, That the Saint Louis and San FranSan Francisco cisco Railway Company a corporation organized under the laws of the Railway Com-State of Missouri, be, and is hereby, authorized to construct or cause pany to construct to be constructed, and maintain, a bridge and approaches thereto over bridge across ArKansas River at the Arkansas River at the town of Van Buren, Crawford County, ArVan Buren, Ark. kansas. Said bridge shall be constructed to provide for the passage of railway trains, and at the option of the corporation by which it may be built may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of tolls as may be approved from time to time by the Secretary of War as to railway trains, and as to wagons, vehicles, animals, and foot-passengers such rates as may be provided by the laws of Arkansas. SEC. 2. That any bridge built under this act is subject to its limitaDeclared tions, shall be a lawful structure, and shall be recognized and known post-route and a fawful structure, 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, or for passengers or freight passing over said bridge than the rate per mile paid for the transportation over the a Piers. railroads or public highways leading to the said bridge; and it shall tially or materially obstruct the free navigation of said river; and if Free navigaany bridge erected under such authority shall, in the opinion of the tion of river to be Secretary of War, obstruct such navigation, he is hereby authorized to maintained. cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made, and all such obstructions be removed, at the expense of the owner or owners of said bridge. 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 district court of the United States of the State of Arkansas in which any portion of said obstruction or bridge may be located: Pro- Proviso. vided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. SEC. 4. That all railroad companies desiring the use of said bridge, Railroad comshall have and be entitled to equal rights and privileges relative to the panies to have passage of railway trains over the same, and over the approaches equal rights, for compensation; thereto, upon payment of a reasonable compensation for such use, and Secretary of War in case the owner or owners of said bridge, and the several rail-road to decide in case companies, or any of them, desiring such use, shall fail to agree upon of failure of comthe sum, or sums to be paid, and upon rules and conditions, to which panies to agree. each shall conform 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, Provided, That the provisions of Proviso. section two in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum, or sums to be paid to the owners of said bridge, by said companies for the use of said bridge. navigation. to be ap SEC. 5. That any bridge authorized to be constructed under this act Secretary of shall be built and located under and subject to such regulations for the War to prescribe security of navigation of said river as the Secretary of War shall pre- regulations for scribe; and to secure that object the said company or corporation shall preserving free submit to the Secretary of War, for his examination and approval, a Plan and locadesign and drawings of the bridge and a map of the location, giving tion for the space of one mile above and one mile below the proposed loca- proved by Secretion the topography of the banks of the river, the shore-lines at high tary of War. 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 be built or commenced; and should any change be made in the plan of said bridge during the progress of construction such change shall be subject to the approval of the Secretary of War. Penalty for ob SEC. 6. That whenever the Secretary of War shall have good reason to believe that the bridge hereby authorized to be constructed is an struction to free obstruction to the free navigation of such waters, by reason of diffi- navigation. |