APPENDIX X X. BRIDGING NAVIGABLE WATERS OF THE UNITED STATES. burgh and Lake Erie Railroad across the Ohio River at Beaver, Pennsyl 1. Bridge of the Kentucky and Ohio 4. Guiding dike at the bridge of the PittsBridge Company across the Ohio River between Cincinnati, Ohio, and Covington, Kentucky. 2. Bridge of the Staten Island Rapid Transit Company across Arthur Kill, Staten Island Sound. 3. Character, etc., of bridge to be constructed across the Mississippi River, at Saint Louis, Missouri. 5. 6. vania. Bridge across the Willamette River at 7. Bridge across the Willamette River at X X I. BRIDGE OF THE KENTUCKY AND OHIO BRIDGE COMPANY ACROSS THE OHIO RIVER BETWEEN CINCINNATI, OHIO, AND COVINGTON, KENTUCKY. OFFICE OF THE CHIEF OF ENGINEERS, UNITED STATES ARMY, Washington, D. C., October 7, 1886. SIR: I have the honor to submit herewith a report dated October 1, 1886, with accompanying papers, from the special Board of Engineers constituted September 13, 1886, for the purpose of considering the plans presented by the Kentucky and Ohio Bridge Company for a bridge over the Ohio River between Cincinnati, Ohio, and Covington, Ky. On May 20, 1886, a special act of Congress was approved, authorizing the construction of a bridge, subject to the limitations and restrictions of the general law for bridges, over the Ohio. The reduction from the height of spans required by the general law proposed by the bridge company, will, it appears, work hardship to steamers during periods when the stage of the river is 50 feet or more above low water, as the pilot-houses of some of them will not then pass under the bridge, and there being no draw openings such steamers will be unable to come to their landings, and will be compelled to remain below the bridge and be shut out from access to the portion of the river above the bridge where they have been accustomed to land their pas sengers and freight. In my opinion the Secretary of War has the right to insist upon the adoption of the greater height required by the general law. The Board does not consider the site selected for the proposed bridge unfavorable for the interests of navigation, but parties in the interest of navigation protest against the construction of a bridge that does not conform to the requirements of the general law for bridges over the Ohio, and the conflict of interests involved deserves careful consideration. The general law regulating the construction of bridges over the Ohio River requires that the bridge should be at least 53 feet above local highest water measured to the lowest part of the span, or 13 feet higher than that proposed by the bridge company. If the act of May 20, 1886, authorizes a bridge of the same height as the Covington and Cincinnati Suspension Bridge, and does not, at the same time, require the bridge to be 53 feet above high water, then no reason is known to this office why the plans herewith should not be approved. Duplicates of the drawings have been made in this office and are here WAR DEPARTMENT, October 8, 1886. Respectfully referred to the Acting Judge-Advocate-General for re port. By order of the Secretary of War. JOHN TWEEDALE, Chief Clerk. WAR DEPARTMENT, JUDGE-ADVOCATE-GENERAL'S OFFICE, Respectfully returned to the Secretary of War. The question presented to this office "for examination and report" is understood to relate to the construction of the acts of Congress in regard to the elevation of bridges across the Ohio River. The general law now in force upon the subject is contained in the act of Congress of December 17, 1872 (17 Stats., 398), as amended by the act of February 14, 1883 (22 Stats., 414), and, so far as concerns the question under consideration, is as follows: Every such bridge shall have at least one channel-span placed over that part of the river usually run by descending coal fleets. Said channel-span shall be at least 40 feet above local highest water, measured to the lowest part of the span, and shall be at least 90 feet above low water, in bridges built above the mouth of the Big Sandy River, and at least 100 feet above low water in bridges built below the mouth of the Big Sandy River, measured to the lowest part of the span: Provided, however, That all bridges over the Ohio River below the Covington and Cincinnati Suspension Bridge shall have, in addition to the channel-span prescribed above, a pivot-draw. Provided further, That in lieu of the high draw prescribed above, bridges over the Ohio River below the Covington and Cincinnati Suspension Bridge may be built as continuous bridges [viz, without a draw], with a clear height of 53 feet above local highest water, measured to the lowest part of the channel. span. * By an act to authorize the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company to erect a bridge across the Ohio River, approved May 20, 1886, it was enacted That the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company, and its successors or assigns, are hereby authorized and empowered to erect a bridge across the Ohio River between Covington, Ky., and Cincinnati, Ohio, subject to the limitations and restrictions of the general law regulating the construction of bridges over the Ohio River: Provided, however, That said bridge shall not be of less elevation than the Covington and Cincinnati Suspension Bridge, and may be constructed without a pivot draw-span. The bridge which the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company are about to construct under the provisions of the act last above quoted must therefore conform to the general law in every respect, except that it may be built without a pivot draw-span, and that it shall not be of a less elevation than the Covington and Cincinnati Suspension Bridge. In these particulars the general law is, in my opinion (so far as regards this bridge), repealed by the proviso in the special act. The proposed bridge is to be located below the Covington and Cincinnati Suspension Bridge, and, under the general law above quoted, would be required to have a clear height of 53 feet above local highest water; but under the proviso of the special act the Covington and Cincinnati Suspension Bridge is made the standard as regards elevation. The act says the proposed bridge "shall not be of less elevation than the Covington and Cincinnati Suspension Bridge." If, therefore, the proposed bridge be of an elevation equal to, or greater than that of the Covington and Cincinnati Suspension Bridge the law will, in that respect, have been complied with. Section 4 of the general law above cited provides, among other things, that any person or company authorized to construct a bridge across the Ohio River shall submit to the Secretary of War, for his examination, a design and drawings of the bridge and piers, and maps of the location, etc. Said maps and drawings shall be referred to a Board of Engineers for examination and report, which Board shall personally examine the site of the proposed bridge ⚫ and if said Board of Engineers report that the site is unfavorable, the Secretary of War shall be authorized, on the recommendation of said Board, to order such changes in the bridge or its piers or such guiding dikes or other auxiliary works as may be necessary * for the security of navigation; and the proposed bridge shall only be a legal structure when built as approved by the Secretary of War. The authority here conferred upon the Secretary of War "to order changes in the bridge, or its piers, dikes, etc.," does not, in my opinion, confer upon him the power to order a change in the height of the bridge, above high or low water mark. Such a construction of the law would make section 4 repugnant to section 2 of the same act-which prescribes the required height-and would yirtually authorize the Secretary of War to disregard the provisions of section 2 in regard to the height of any bridge across the Ohio River. In this particular case, as before stated, the proviso at the end of section 2 of the act of February 14, 1883, was repealed by the proviso in the special act of May 20, 1886, but the latter act does not enlarge the scope of section 4 of the act of February 14, 1883. By the act of May 20, 1886, the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company is empowered to build a bridge which shall not be of less elevation than the Covington and Cincinnati Suspension Bridge; and it would seem that, under the law, they cannot be required to build it of a greater elevation; in other words, that the proper construction of the act of May 20, 1886, is that the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company would be authorized, upon satisfying other provisions of law, to bridge the Ohio River at the elevation of the Covington and Cincinnati Suspension Bridge. Under the rule of the War Department of July 31, 1886, a copy of the minutes of the organization of the company under its charter and an extract from the company's minutes, showing the names of the pres ent officers of the company, are required. Further, the fact that the company has accepted the provisions of the act of Congress approved May 20, 1886, chapter, should be established by an extract from the minutes of the corporation. All of these documents should be authen ticated, under the seal of the company, by the proper officer having charge of its records. The act of Congress authorizes the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company to build the bridge in ques tion, but the accompanying proceedings of the Board of Engineers, required under the acts of Congress of December 17, 1872, and February 14, 1883, show that they have examined certain plans of the Kentucky and Ohio Bridge Company, a corporation which has no connection with the grant under consideration. In the opinion of this office evidence should be submitted from the minutes of the company that the plans submitted to and passed upou by the Board of Engineers have the approval of and are submitted by the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company to the Secretary of War, under the provisions of the act of Congress approved May 20, 1886. G. NORMAN LIEBER, Acting Judge Advocate-General. REPORT OF BOARD OF ENGINEERS. CINCINNATI, OHIO, October 1, 1886. SIR: The Board of Engineers constituted by Special Orders No. 134, Headquarters Corps of Engineers, September 13, 1886, for the purpose of considering the plans presented by the Kentucky and Ohio Bridge Company for a bridge over the Ohio River between Cincinnati, Ohio, and Covington, Ky., met at Cincinnati, Ohio, on September 29 and 30 and October 1. The special instructions of the Board, as given in letter of Chief of Engineers, dated September 14, 1886, are as follows: The Board of Engineers constituted, etc., is convened to consider and report upon plans and location of a bridge proposed to be erected across the Ohio River between the cities of Covington, Ky., and Cincinnati, Ohio. It is requested that the Board give the subject of the plans and location of the proposed bridge full and careful consideration, and it is suggested that an opportunity be given, by holding public sessions after notice in newspapers or otherwise, as may be deemed best, for the presentation of the views of all parties interested in the mat ter, inviting the opinions, either orally or in writing, of those opposed to as well as those favoring the construction of the bridge in question. As early a report as is consistent with due regard to the important duty committed to Board is desired. The meeting of September 30 was a public one held in accordance with notice given. At this meeting were present representatives of the bridge and railroad companies, and the coal and packet interests. The local shore interests were also presented. An opportunity was given for a full expression of opinions favorable or adverse to the plans and location of the bridge in question. On September 29, in company with representatives of the bridge company, and on September 30, in company with a delegation representing the coal, towing, and packet interests of the Ohio and Mississippi rivers, the Board made thorough inspections of the proposed bridge site and the river in its vicinity. After a full consideration of all the facts and opinions presented, the Board respectfully present the following report: From correspondence before the Board it appears that originally a corporation designated the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company requested authority to construct a bridge in accordance with the general law governing the construction of bridges over the Ohio River, as modified by an act of Congress approved May 20, 1886, which latter act provides "that said bridge shall not be of less elevation than the Covington and Cincinnati Suspension Bridge, and may be constructed without a pivot draw-span." Awaiting the receipt of certain required information, action on the application of the above-mentioned company was deferred. Subsequently a corporation known as the Kentucky and Ohio Bridge Company, through its president, Mr. J. E. Gates, transmitted to the Secretary of War with other papers its acceptance of the provisions of the acts of Congress of December 17, 1872, and February 14, 1883, authorizing the construction of bridges over the Ohio River, and requested the appointment of a Board of Engineers for considering plans. No evidence being furnished as to the legal status of the Kentucky and Ohio Bridge Company in relation to the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company, action on the request of Mr. Gates was deferred. In August, 1886, Mr. J. E. Gates, president Kentucky and Ohio Bridge Company, on behalf of his company reported to the Secretary of War that the application of his company for the appointment of a Board of Engineers to consider plans for a bridge over the Ohio River between Cincinnati and Covington had nothing to do with that of the Covington and Cincinnati Elevated Railway and Bridge Company, but subsequently the differences between these two companies appear to have been settled, and by extracts from the records of the Covington and Cincinnati Elevated Railway, Transfer and Bridge Company, it appears that all the rights of such company under its charter and the special act of Congress approved May 20, 1886, have been assigned to the Kentucky and Ohio Bridge Company. From the above it will appear that the Board are to consider the plans and location of the proposed bridge in their relation to the general bridge laws of December 17, 1872, and February 14, 1883, as modified by the special act of May 20, 1886. The general bridge law governing the construction of bridges over the Ohio River, below the Cincinnati and Covington Suspension Bridge, as contained in the act of Congress approved December 17, 1872, and amended in act approved February 14, 1883, imposes the following conditions, viz: First. The axis of the bridge shall be at right angles to the current at all stages. Second. All the spans shall be through spans. |