Spans. Provisos. Channel span. SEC. 3. That the said bridge shall be made with unbroken and continuous spans. Before approving the plans for said bridge, the Secretary of War shall order three engineer officers from the Engineer Bureau to be detailed to the duty of examining, by actual inspection, the locality where said bridge is to be built, and to report what shall be the length of the main channel span and of the other spans Provided, That the main channel span shall in no event be less than seven hundred feet in length, or the other spans less than six hundred and fifty feet each in length; and if the report of said officers shall be approved by the Secretary of War, the spans of said bridge shall be of the length so required. The lowest part of the superstructure of said bridge shall be at least eighty-five feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river. No bridge shall be erected or maintained under the authority of this act which shall at any time Unobstructed navi- substantially or materially obstruct the free navigation of said river; and if any bridge erected 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 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 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 within whose jurisdiction any portion of said obstruction or bridge may be located: Provided 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 same. gation. Existing laws. Other companies may use. SEC. 4. That all railroad companies desiring the use of said bridge shall have, and be entitled to, equal rights and privileges relative to the passage of railway trains or cars over the same, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge 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 Secretary of War to 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. decide terms. Secretary of War to approve plans, etc. Amendment, etc. SEC. 5. That any bridge authorized to be constructed under this act shall be built ard 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 companies or corporations shali submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and maps of the location, giving for the space of two miles above and two miles below the proposed location, the topography of the banks of the river, the shore-lines at extreme 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 said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plans of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said. structure, or its entire removal at the expense of the owners, when ever Congress shall decide that the public interest requires it, is also expressly reserved. SEC. 7. That it shall be the duty of the Secretary of War, on satisfactory proof that a necessity exists therefor, to require the company or persons owning said bridge to cause such aids to the passage to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of rafts, steam-boats, and other water-craft safely through the passage-way, as shall be specified in his order in that behalf; and on failure of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any circuit court of the United States within whose jurisdiction such bridge, or any part thereof is located, for the recovery of the amount so expended by the Government and all costs of such proceedings; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. Aids to navigation. completion. SEC. 8. That if the construction of the bridge hereby authorized Commencement and shall not be commenced within one year from the time this act takes effect, and be completed within three years after its commencement, then this act shall be void, and all rights hereby conferred shall cease and determine. Approved, June 19, 1888. CHAP. 423.—An act to authorize the construction of a bridge across Rock Creek, at the Woodley Lane Road, in the District of Columbia. June 19, 1888. Bridge across Rock Lane Road, District of Columbia, to be built. Creek at Woodley Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to cause to be constructed across Rock Creek, on the Woodley Lane Road, in the District of Columbia, a substantial stone or iron bridge, with necessary approaches; and the sum of thirty-five Appropriation. thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, which said sum shall be available immediately upon the passage of this act, for the construction of said bridge and approaches, and for such investigation and surveys and such contingencies as the Commissioners of the District of Columbia shall deem necessary, the same to be maintained as a free bridge for travel. trict of Columbia Free bridge. SEC. 2. That the sum which shall be expended under the provisions One-half from Disof this act shall be treated and regarded as part of the general ex- funds. penses of the District of Columbia, and the United States shall be credited with the amount which it may pay under this act upon the fifty per centum of the expenses of the District of Columbia, as provided in the act of June eleventh, eighteen hundred and seventy-eight, entitled "An act providing a permanent form of government for the District of Columbia." Vol. 20, p. 104. Survey, etc. SEC. 3. That the Commissioners of the District of Columbia shall, as soon as practicable, cause a survey of said creek to be made to determine the length, width, and height of said bridge and the approaches thereto, and shall cause plans and specifications to be prepared for such bridge and such approaches, and when the same are completed said board shall advertise for sealed proposals for the construction of Proposals. such bridge and such approaches, which advertisement shall be inserted for at least one week in one or more daily papers in such cities as the said Board of Commissioners shall designate, and shall let such Proviso. Limit of cost. contract to the lowest responsible bidder, as provided by law: Provided, That the aggregate cost for the construction of such bridge and the approaches thereto, including the incidental expenses connected therewith, shall not exceed the amount herein appropriated. Received by the President, June 7, 1888. [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.] June 22, 1888. Railway Company CHAP. 472.—An act to authorize the construction of a bridge over the Missouri River at or near the city of Omaha, Nebraska. Be it enacted by the Senate and House of Representatives of the Nebraska Central United States of America in Congress assembled, That the Nebraska may bridge Missouri Central Railway Company, a corporation existing under the laws of River at Omaha, Nebr. the State of Nebraska, be, and is hereby, authorized to construct, operate, and maintain a bridge over the Missouri River at or near the city of Omaha, in said State of Nebraska; said bridge when built shall not be located less than one-third of one mile from any other bridge across said river, then built or in process of construction. Said Railway, wagon, and bridge shall be constructed to provide for the passage of railway trains, and, at the option of the persons by whom 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 toll as may be approved from time to time by the Secretary of War; and in case of any litigation concerning any alleged obstruction to the free navigation of said river on account of said bridge, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of said obstruction or bridge is located. foot bridge. Litigation. Lawful structure and post-route. Postal telegraph. Construction. Provisos. Opening draw. SEC. 2. That any bridge constructed under this act and according to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same for the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over railroads or public highways leading to said bridge; and the United States and all companies and individuals shall have the right of way for telegraph, postal telegraph, and telephone purposes across said bridge. SEC. 3. That if said bridge shall be made with unbroken and continuous spans it shall not be of less elevation in any case than fifty feet above high-water mark, as understood at the point of location, to the lowest member of the bridge superstructure, nor shall the spans of said bridge over the main channel of said river be less than three hundred and fifty feet in length, and the piers of said bridge shall be parallel with the current of said river, and the bridge itself at right angles thereto: Provided, That if said bridge be constructed as a drawbridge, it shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and the best navigable point, and with spans of not less than two hundred feet in length in the clear on each side of the central or pivot pier of the draw; and said spans shall not be less than ten feet above low-water mark, measuring to the lowest member of the bridge superstructure. And provided also, That said draw shall be opened promptly upon reasonable signal, except when trains are passing over the said bridge, for the passage of the boats whose construction shall not be such as to admit of their passage under the draw of said bridge when closed; but in no case shall unnecessary delay occur in opening the said draw after Lights, etc. Other companie may use. the passage of trains; and the said company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. SEC. 4. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge 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 or conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hear- decide terms, etc. ing of the allegations and proofs of the parties. SEC. 5. That 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 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 drawings 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 shore-lines 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 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; 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; and if said bridge is not commenced within two years and completed within four years from the passage of this act, the rights and privileges hereby granted shall be null and void. SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structure or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Secretary of War to Secretary of War to approve plans, etc. Commencement and completion. Amendment. completion. SEC. 7. This act shall be null and void unless the construction of Commencement and the bridge hereby authorized shall be commenced within two years and be completed within four years from the date of the approval of this act. Approved, June 22, 1888. CHAP. 478.-An act to incorporate the Rock Creek Railway Company of the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Gardiner G. Hubbard, George Truesdell, Samuel W. Woodward, Otis F. Presbrey, John F. Waggaman, Benjamin K. Plain, John Ridout, Albert F. Stevens, Le Roy Tuttle, Lawrence Sands, Edward C. Dean, James B. Wimer, Samuel S. Shedd, Le Roy Tuttle, junior, Robert J. Fisher, junior, and Pitman Mann, and their associates, successors, and assigns, be, and they are hereby, created a body corporate and politic under the name of the Rock Creek Railway Company of the District of Columbia, and may make and use a common seal, and by that name sue and be sued, plead and be impleaded, with authority to construct and lay down a single or double track railway, with the necessary switches, turn-outs, and other mechanical devices, and sewer connections necessary to operate the same, by horse, cable, or Location. Fare. Track. electric power, in the District of Columbia, through and along the following streets, avenues, and roads; Beginning for the main line of said road at the intersection of Connecticut avenue and Boundary street; thence along the middle of Columbia Road to Woodley Road; thence along Woodley Road by single track on west side thereof to Woodley Park; thence diverging from Woodley Road through said park by such route as may be satisfactory to the owners of said park, and subject to the approval of the Commissioners of the District of Columbia, to the westerly line of said park, and returning by the aforesaid route through Woodley Park to the intersection of Woodley Road and Connecticut avenue extended; thence along Connecticut avenue extended to California avenue, formerly Oakland avenue; thence along California avenue to its intersection with Columbia Road, and thence along Columbia Road to the place of beginning; also with the privilege of building and constructing a branch of said road from the westerly line of said Woodley Park near Woodley Road to its intersection with the Tenallytown Road, returning over the same route and connecting at said westerly line of Woodley Park with the main line of said road. Said company shall receive a rate of fare not exceeding five cents for each passenger for each continuous ride between all points of its main and branch lines, but shall sell tickets in packages of six each for not exceeding twenty-five cents per package. Said railway shall be constructed of good materials and in a substantial manner, with the rails of American manufacture and of the most approved patterns, subject to approval by the Commissioners, laid upon an even surface with the pavement of the street or road, imbedded in concrete where the same passes over the surface of the paved streets of the District of Columbia, with the gauge to be approved by the Commissioners of the District of Columbia. The track of said railway, the space between the tracks, and two feet beyond the outer rails thereof, which this franchise is intended to cover, shall be at all times kept by said corporation in good repair, at its own expense, and subject to the approval of the Commissioners aforesaid; and if the corporation shall fail to make the necessary repairs within ten days after notice by the Commissioners of the District of Columbia, the repairs shall be made by the said Commissioners, and the cost of such repairs be recovered by the Commissioners before any court of competent jurisdiction, and the amount so paid by the Commissioners shall be a lien upon all property of said company from the time that said repairs are made until paid by said company. It shall To use horse, cable, be lawful for said corporation, its successors or assigns, to operate its said road by horse, cable, or electric power, and to make all needful and convenient trenches and excavations and sewer connections in any of said streets, roads, or places where said corporation may have the right to construct and operate its road, and to place in such trenches and excavations all the needful and convenient devices and machinery for operating said railroad in the manner and by the means aforesaid; and said sewer connections shall have such traps or other devices as may be required by the Commissioners. It shall also be lawful for said corporation, its successors or assigns, to erect and maintain, at such convenient and suitable points along its lines as may seem most desirable to the board of directors of said corporation, and subject to the approval of the Commissioners of the District, an engine house or houses, boiler house or houses, and all other buildings necessary for the successful operation of a cable or electric motor railroad. The rate of speed on said road shall not exceed fifteen miles an hour. The work upon the main line of said Commencement and road shall be commenced within ninety days and the same shall be completed within one year from the date of the passage of this act, and the work upon the branch line thereof shall be commenced within one year and completed within two years from the said date; and if the said work on the main line of said road shall not be so or electric power. Speed. completion. |