The reports in regard to this bridge were published in House Ex. Doc. No. 29, Fiftieth Congress, second session.

11. The Pittsburgh and Lake Erie-Railroad Company submitted plans for the false work required in connection with the reconstruction of a portion of the superstructure of its bridge across the Ohio River at Beaver, Pennsylvania, erected in 1878, under the provisions of "An act to authorize the construction of bridges across the Ohio River, and to prescribe the dimensions of the same," approved December 17, 1872.

The railroad company finding it necessary to rebuild a portion of the superstructure of the bridge in question made application November 26, 1888, to the Secretary of War for his authority for that purpose, and also for his approval of the false work necessary to its construction. The drawings submitted by the company having been found upon examination to involve no changes in the piers or approaches were ap proved by the Secretary of War March 25, 1889, upon condition that1st. One of the high spans shall at all times be open to navigation, and neither of the high spans shall be obstructed before June of the year when the repairs are to be

made.

2d. The superstructure shall be ready for erection as soon as the false work is finished, and the whole work of repair and the restoration of the channel shall proceed with the utmost possible rapidity.

Which conditions were accepted by the railroad company February 28,

1889.

12. Bridge of the Louisville Southern Railway Company over the Kentucky River near Tyrone, Kentucky.—Act approved October 9, 1888.

Plan and location submitted by the chief engineer of the company January 25, 1889; approved by the Secretary of War March 30, 1-89; copy sent to Maj. D. W. Lockwood, Corps of Engineers, April 8, 1889. 13. Amended location of the bridge of the Wheeling and Harrisburg Railway Company across the Ohio River from Wheeling, West Virginia, to Martin's Ferry, Ohio.-Act approved December 17, 1872, and supplementary act approved February 14, 1883.

The original location of the bridge was approved by the Secretary of War December 10, 1883. The location as then presented was askew to the current of the river. The drawing showing the amended location was submitted by the president of the company April 22, 1889, and having been found satisfactory, it being at right angles to the course of the stream, thus removing the necessity of an askew bridge, as previously designed, was approved by the Secretary of War May 18, 1889. A copy of the approval, with instructions relative to supervising the construction of the work, was sent to Lieut. Col. W. E. Merrill, Corps of Engineers, May 24, 1889.

14. Bridge across the Red River of the North at Minnesota avenue, in the city of Grand Forks, Dakota.-Act approved May 21, 1888, and amendatory act approved March 1, 1889.

It having been found that the bridge at Minnesota avenue, authorized by the act approved May 21, 1888, could not be erected at the locality named in accordance with the requirements of that act, upon representation to that effect by parties interested, Congress passed the amended act approved March 1, 1889, which in effect legalized the construction of the bridge in accordance with the plans submitted by the Mayor of Grand Forks November 5, 1888, under the act approved May 21, 1888. These plans, conforming to the requirements of the amended act, were approved by the Secretary of War May 29, 1889. Copies of the approved plan and location were sent to Maj. Charles J. Allen, Corps of Engineers, June 12, 1889, with the instructions relative to supervis ing the construction of the work.

15. Bridge of the Alabama Midland Railway Company across the Flint River near the city of Bainbridge, Georgia.-Act approved August 6, 1888.

Plan and location submitted by the president of the railway company May 4, 1889; approved by the Secretary of War June 12, 1889; copy sent to Capt. P. M. Price, Corps of Engineers, July 1, 1889.

16. Bridge of the Alabama Midland Railway Company across the Chattahooche River, at or near the town of Gordon, Alabama.-Act approved August 6, 1888.

Plan and location submitted by the president of the railway company May 4, 1889; approved by the Secretary of War June 12, 1889; copy sent to Capt. P. M. Price, Corps of Engineers, July 1, 1889.

17. Bridge of the commissioners of Morgan County, Ohio, across the Muskingum River at Stockport, Ohio.-Act approved April 2, 1888.

Plan and location submitted by the Commissioners of Morgan County, Ohio, June 18, 1888; approved by the Secretary of War August 14, 1888; copy sent to Lieut. Col. W. E. Merrill, Corps of Engineers, August 24, 1888.

Subsequently, June 3, 1889, it having been discovered that the pivot pier of the draw span of the bridge had been accidently located at a point 10 feet west of the position indicated upon the drawings approved by the Secretary of War, upon petition from the auditor of Morgan County in behalf of the Commissioners that the adopted location be approved instead of that approved August 14, 1888, it having been reported by Colonel Merrill that the change would not be injurious to navigation, the Secretary of War approved the same June 15, 1889, and Colonel Merrill was advised June 17, 1889.

18. Bridge of the Fort Smith and Choctaw Bridge Company across the Poteau River, Choctaw Nation, near Fort Smith, Arkansas.—Acis approved June 18, 1888, and March 2, 1889.

Plan and location submitted by the president of the bridge company May 27, 1889; approved by the Secretary of War June 18, 1889; copy sent to Capt. H. S. Taber, Corps of Engineers, June 25, 1889.

19. Bridge of the Kentucky Union Railway Company over the North Fork of Kentucky River, at mouth of Walker's Creek.-Act approved March 1, 1889.

Plan and location submitted by the Chief Engineer of the railway company May 18, 1889; approved by the Secretary of War June 19, 1889; copy sent to Maj. D. W. Lockwood, Corps of Engineers, July 1,

1889.

20. Bridge over the Missouri River between the city of Leavenworth, in the State of Kansas, and Platte County, in the State of Missouri.—Act approved February 25, 1889.

The structure is to be built as a ponton bridge.

Plan and location submitted by Leavenworth and Platte County Bridge Company April 22, 1889; approved by the Secretary of War June 20, 1889; copy sent Lieut. Col. C. R. Suter, Corps of Engineers, July 2, 1889.

21. Bridge of the Randolph and Kansas City Bridge Company to be constructed across the Missouri River at a point to be selected between Kansas City, Missouri, and a point five miles below that city.-Act approved July 23, 1888.

The act provides for the construction of a ponton draw-span bridge. Plan and location submitted by the bridge company May 21, 1889; approved by the Secretary of War June 26, 1889; copy sent to Lieut. Col. C. R. Suter, Corps of Engineers, July 9, 1889.

INTERFERENCES WITH NAVIGATION BY BRIDGES, CAUSEWAYS, AND OTHER STRUCTURES.

Under the requirements of section 2 of the river and harbor act approved July 5, 1884, and section 4 of the river and harbor act approved August 5, 1886, there are submitted herewith reports of officers in charge of river and harbor districts of instances, not heretofore reported, where bridges, causeways, and other structures, erected or in process of erection, do or will interfere with safe navigation.

(See Appendix X X.)

OCCUPANCY OF AND INJURY TO PUBLIC WORKS BY CORPORATIONS AND INDIVIDUALS.

Under the requirements of section 2 of the river and harbor act approved July 5, 1884, and section 4 of the river and harbor act approved August 5, 1886, there are submitted herewith reports of officers in charge of river and harbor districts of instances, not heretofore reported, in which piers, break waters, or other works built by the United States in aid of commerce or navigation, are used, occupied, or injured by corporations or individuals.

(See Appendix Y Y.)

BRIDGES OBSTRUCTING NAVIGATION.

The river and harbor act of August 11, 1888, provides as follows: SEC. 9. That whenever the Secretary of War shal! have good reason to believe that any railroad or other bridge now constructed, or which may hereafter be constructed, over any of the navigable water-ways of the United States is an obstruction to the free navigation of such waters, by reason of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw-opening or the raft-span of such bridge by rafts, steam-boats, or other water-craft, it shall be the duty of the said Secretary to give notice to the persons or corporations owning or controlling such bridge to so alter the same as to render navigation through or under it free, easy, and unobstructed; and in giving such notice he shall prescribe in each case a reasonable time in which such alteration is to be made. If, at the end of such time, the alteration has not been made, the Secretary of War shall forthwith appraise [apprise] the Attorney-General of the United States, whose duty it shall be to institute suit, in the name of the United States, without delay, in the circuit or district court of the United States for the circuit in which such bridge is located, which court is hereby invested with jurisdiction for this purpose, to recover from the owners or managers of such bridge the fines mentioned in the succeeding sections of this act.

SEC. 10. That the owner or owners or manager or managers of any railroad or other bridge obstructing the free navigation of any navigable water-way of the United States who shall willfully fail or refuse to remove the same, or to cause the necessary alterations to be made in the same so as to render navigation through or under it free, easy, and unobstructed to rafts, steam-boats, or other water-craft, after receiving notice to that effect from the Secretary of War and within the time prescribed by him, shall be subject to a fine as penalty therefor of five hundred dollars per month for the time he or they are in default, and the amount so recovered shall be placed to the credit of the improvement fund of the water-way obstructed by such bridge.

In obedience to the above requirements, the Secretary of War notified the persons or corporations owning or controlling certain bridges to so alter the same as to render navigation through or under them free, easy, and unobstructed, and prescribed in each case a reasonable time when such alteration is to be made, as follows:

1. Bridge across the Mississippi River above Hannibal, Missouri, owned by the Hannibal Bridge Company and controlled by the Wabash Railway Company.-Notice dated November 8, 1888, was served upon the Han

nibal Bridge Company November 17, 1888, and upon the Wabash Railway Company November 30, 1888; required alteration to be made and completed on or before the 1st day of March, 1889.

Upon representations made to the Secretary of War that it was desirable and reasonable to extend the time in which to perform the said work, he caused notises dated March 18, 1889, to be served upon the Hannibal Bridge Company, the Wabash Railway Company, and the Missouri, Kansas, and Texas Railway, and notice, dated April 17, 1889, to be served on the Missouri Pacific Railway, reciting in each of the notices the original notice of November 8, 1888, to the Hannibal Bridge Company and the Wabash Railway Company, and extending the time in which the alteration of the bridge shall be done to the 1st day of July, 1889. Up to that time no action had been taken by the companies in terested.

2. Bridge of the Memphis and Charleston Railroad Company across the Tennessee River at Florence, Alabama.-Notice dated November 20, 1888, was given to the East Tennessee, Virginia and Georgia Railway Company, operating the bridge over the Tennessee River at Florence, Alabama, and notice dated January 11, 1889, to the Memphis and Charleston Railroad Company, and the 1st day of June, 1889, was prescribed as the time when the required alteration should be made and completed. The Memphis and Charleston Railroad Company, under date of March 2, 1889, submitted plans for the new draw-span proposed to be placed in the bridge, which were not recommended by the Chief of Engineers for approval, and the matter having been referred by the Secretary of War to the Acting Judge-Advocate-General, United States Army, was returned by him May 23, 1889, with report, of which the following is an

extract:

The time given by the Secretary of War in which to make the alteration will not expire until the 1st of June, 1889. He is not required or authorized by the act referred to to do anything in this matter at the present time. The act does not contemplate his approving or disapproving particular plans of alterations, but simply his giving to the bridge owners notices to alter their bridges so as to accomplish a certain purpose, and leaves it to them to make any alteration which will do this, or become liable to the penalty.

in conseand as

It appears that the officers of the Memphis and Charleston Railroad Company have been under the impression that it was necessary for them to submit plans of alteration for the approval of the Secretary of War, and quence of this erroneous understanding much time has been lost the company does not appear to have acted in bad faith it seems right that the time be extended.

Acting upon this opinion of the Judge-Advocate-General, the Secretary of War, upon the recommendation of the Chief of Engineers, dated June 1, extended the time for completing the alteration to December 1, 1889.

3. Bridge of the Fitchburg Railroad Company over the Charles River, Massachusetts, within the limits of the city of Boston.-Notice, dated November 21, 1888, was served upon the Railroad Company, prescribing the 1st day of January, 1891, as the time when the required alteration is to be made and completed.

4. Bridge of the Old Colony Railroad Company across the Taunton River, at Somerset, Massachusetts.-The Secretary of War, upon representations made to him by responsible parties interested in the navigation of the Taunton River, in July, 1887, having reason to believe that the bridge referred to was such an obstruction to navigation as came within the provisions of Section 8 of the river and harbor act approved July 5, 1884, directed that action be taken under that section, and caused notice to be served upon the Old Colony Railroad Company

requiring it to cause such aids to the passage of the draw openings or raft span or both, to be constructed at its own expense, in the form of booms, dikes, piers, etc., as should be specified by his order in that behalf.

Such notice was served upon the Old Colony Railroad Company April 28, 1888.

The Railroad Company having failed to comply with the requirements of the Secretary of War, as provided for in the section 8 referred to, it was decided, in addition, to take action under the provisions of sections 9 and 10 of the river and harbor act of August 11, 1888, and the requi site notice, dated November 28, 1888, was served upon the Railroad Company (through its president,) prescribing the 1st day of May, 1889, as a reasonable time when the required alteration is to be made and completed.

The Railroad Company having failed to carry out the requirements of the Secretary of War, imposed upon him by the acts referred to, upon the recommendation of the Chief of Engineers, dated May 14, 1889, he referred the matter to the Department of Justice with request that action be taken as prescribed by sections 9 and 10 of the river and harbor act of August 11, 1888, and the subject was intrusted to the United States attorney for the district of Massachusetts, with instructions to bring proceedings under the provisions of the sections referred to.

5. Bridge of the Chicago and West Michigan Railway Company across the St. Joseph River, Michigan, near its mouth.-Notice dated December 4, 1888, was served upon the president of the railway company, and designating April 30, 1889, as a reasonable time in which the required alteration is to be made and completed. A request was made by the company, April 20, 1889, that the changes they were making in the draw be put to the test of trial, which was deemed to be a reasonable one, and upon recommendation of the Chief of Engineers, dated May 6, 1889, "that no further notice be given the company at present, it being distinctly understood that such delay is not to be construed as an approval of the structure as it now exists," the recommendation was approved by the Secretary of War May 17, 1889. No further action has been taken in the matter.

6. Bridges across the Charles River, Massachusetts.-Notice dated De cember 6, 1888, was served on the city of Boston in reference to bridges across Charles River, known as Charles River Bridge and Warren Bridge, within the limits of the city of Boston, prescribing the 1st day of January, 1891, as the time when the required alterations are to be made and completed.

Notice was served on the Boston and Maine Railroad Company, dated December 6, 1888, in reference to the bridge built by that company across the Charles River, and the bridge erected by the Eastern Railroad Company and controlled by the Boston and Maine Railroad Company, both of them within the limits of the city of Boston, and also in reference to the two bridges erected by the Boston and Lowell Railroad Company and controlled by the Boston and Maine Railroad Company, across the Charles River between the cities of Boston and Cambridge, obstructing the navigation of the Charles River, prescribing the 1st day of January, 1891, as the time when the required alterations are to be made and completed.

Notice dated December 6, 1888, was served upon the Commissioners on West Boston, Canal, and Prison Point bridges controlled by them, in reference to the bridges across the Charles River known as West Boston Bridge, and Canal, or Craigies, Bridge, and prescribing the 1st day of