A draught of a bill to regulate the construction of bridges over the navigable waters of the United States. FEBRUARY 12, 1874.-Referred to the Committee on Commerce and ordered to be printed. The Secretary of War has the honor to transmit to the House of Representatives, with recommendation that it be passed, draught of an act to regulate the construction of bridges over the navigable waters of the United States, and to invite attention to the accompanying letter of the Chief of Engineers, dated the 7th instant, and to reports of the same officer printed in Ex. Doc. No. 71, 42d Congress, 3d session, and Ex. Doc, No. 62, 43d Congress, 1st session. WM. W. BELKNAP, OFFICE OF THE CHIEF OF ENGINEERS, SIR: In compliance with the instructions contained in letter of the 15th ultimo, I beg leave to submit herewith a draught of a bill in relation to the location and construction of bridges over the navigable waters of the United States, which it is believed will, if passed by Congress, secure the legislation necessary to a proper protection of the interests of commerce and of navigation, so far as they may be affected by bridges authorized by law. By referring to the Statutes at Large, it will be seen that Congress has from time to time, by special enactments, authorized the location and Construction of a number of bridges across the navigable waters of the United States, and on an examination of these acts it will be found generally that while they all contain certain stipulated conditions and requirements as to location of piers, length and height of spans, and also length of draw-openings, they may be divided into two classes which differ essentially in this, that in one class it is required that the question of location and construction is to a certain extent subjected to the controlling supervision and decision of the Secretary of War, and in the other class no provision is made for any executive or other control. In the one case the approval of both location and plan of bridge is required of the Secretary of War, in order that the specifiations of the act as to dimensions, &c., may be complied with, and that the site selected shall be in such locality that a bridge there will cause the least obstruetion to navigation. In the other this supervisory power is not specifi cally stated, and hence the right of the Secretary of War to intervene for the protection of navigation is sometimes questioned, and can only be asserted through the Department of Justice, by application for injunction, thus involving expensive litigation and delay to the parties and interests concerned. It is to be remarked, however, that the more recent special acts have vested this supervisory control in the Secretary of War. In regard to acts of a general nature relating to bridging navigable waters the Statutes at Large furnish two examples: First. "An act further regulating the construction of bridges across the Mississippi River," approved June 4, 1872. (Stat. at Large, vol. 17, page 215.) This act requires that all bridges hereafter constructed over and across the Mississippi River under authority of an act of Congress shall be located and constructed under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe, and in locating any such bridge the Secretary of War is required to have due regard to the security and convenience of naviga tion, to the convenience of access, and to the wants of all railways and highways crossing said river The other is an act to authorize the construction of bridges across the Ohio River, and to prescribe the dimensions of the same, approved December 17, 1872. (Stat. at Large, vol. 17, page 398.) This act, after detailing certain specifications as to character of structure, length and height of spans, location of piers, &c., directs that any person, company or corporation, 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 a map of the location, &c., and shall furnish such other information as may be required for a full and satisfactory understanding of the subject by the Secretary of War; and if the Secretary of War is satisfied that the provisions of the law have been complied with in regard to location the building of the piers may be at once commenced, &c. These, it is believed are the only acts of a general nature relating to the construction of bridges, and these it will be seen vest the Secretary of War with controlling and supervisory power. It is quite well known that a number of bridges have been built over navigable waters of the United States, and that some are now in course of construction without any authority whatever of United States law. The attention of Congress has been invited on two occasions to this matter, and it may be proper here to refer simply to the documents, copies herewith: (Ex. Doc. 71, House of Rep's, 42d Cong. 3d Sess., page 32, and Ex. Doc. 62, House of Rep s., 43d Con. 1st Sess.) In this connection I have also to refer to the annual report of the Chief of Engineers for 1873. See Ex. Doc. 1, part 2, vol. II, House of Rep's, 43d Cong., 1st Sess., pages 62 and 63, and appendix P., page 353 of that report. From the foregoing statement it would appear that some further leg islation upon bridging navigable waters of the United States is neces sary. It will be seen that the third section of the draught of the bill provides for the repeal of the act of May 31, 1872, authorizing the construction of a bridge across the Arkansas River at Little Rock. This act authorizes à bridge to be built with draw-spans of 150 feet in the clear on each side of the pivot-pier, the height of the bottom of the lower chord being fixed at 36 feet above low water, no reference being made to highwater mark. The act of July 1, 1870, authorized the Citizens' Bridge Company to construct a bridge over the Arkansas at Little Rock, with draw-spaus 160 feet in the clear on each side of the pivot-pier, the bottom of the lower chord to be not less than 20 feet above high water. It is considered that the least dimension for width of draw-spans should be 160 feet in the clear on each side of the pivot-pier, and that the bottom of the lower chord of the bridge should not in any case be less than 10 feet above extreme high water. The height above low water is of no importance. The act of May 31, 1872, does not conform to these requirements, and it is submitted that a bridge built in accordance with its provisions would seriously obstruct and impair the navigation of the Arkansas River. It is understood that the work of constructing the bridge provided for in this act has not been commenced. For the reasons given, therefore, its repeal is recommended. Hon. W. W. BELKNAP, Secretary of War. A. A. HUMPHREYS, Brig. Gen. and Chief of Engineers. A BILL in relation to the construction of bridges over the navigable waters of the United States. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That with the view of protecting more effectually the interests of commerce and navigation, and securing thereto unobstructed use of the naviCable waters of the United States, it shall be the duty of the Secretary of War to maintain supervision of the construction of all bridges heretofore authorized and not completed, or that may be hereafter authorized to be constructed over the said navigable waters. SEC. 2. That any person, company, or corporation, authorized by law to construct bridges across any of the navigable rivers or other navigable waters of the United States, shall, before commencing such structures, submit to the Secretary of War, for his examination and approval, a design or plan of the proposed bridge and piers and a map of the location, giving, for the space of at least one mile above and one mile below the proposed location, the topography of the banks of the stream or waters, the shore-lines at high and low water, the direction 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 so forth, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject by the Secretary of War; and if, upon an examination of the subject, the Secretary of War is satisfied that the interests of navigation will not be materially injured, obstructed, or impaired by The erection of the structure at the location and upon the plans designated, he may anthorize its erection. If, however, the plans, location, &c., of the proposed structure should not, in his opinion, fully and satisfactorily fulfill the conditions hereinbefore recited, he is hereby empowered to prevent its construction until the plan and location adopted meet his approval. SEC. 3. That the act entitled "An act authorizing the construction of a bridge across the Arkansas River at Little Rock, Arkansas," approved May thirty-first, eighteen hundred and seventy-two, is hereby repealed. An agreement concluded November 7, 1873, with the Bannack and other Indians in Southern Idaho. FEBRUARY 5, 1874.-Referred to the Committee on Indian Affairs. DEPARTMENT OF THE INTERIOR, SIR: I have the honor to present herewith for the action of Congress an agreement concluded on the 7th November, 1873, with the Bannack and other Indians in Southern Idaho for the relinquishment of their right to hunt upon the unoccupied lands of the United States, (which right was guaranteed to them by the fourth article of their treaty of 3d July, 1868,) and providing for a change in the boundaries of their reservation under the direction of the President. A copy of a letter of the 2d instant from the Commissioner of Indian Affairs, with a copy of the report of Messrs. J. P. C. Shanks, Henry W. Reed, and T. W. Bennett, special commissioners appointed to negotiate with the Indians referred to, is also herewith transmitted. Very respectfully, your obedient servant, The SPEAKER, House of Representatives. C. DELANO, DEPARTMENT OF THE INTERIOR, SIR: I have the honor to submit herewith a copy of the report of the commission appointed to negotiate with the Bannack and other Indians in Southern Idaho for the relinquishment of their right to hunt upon. the unoccupied lands of the United States, which right was guaranteed to them by the fourth article of their treaty concluded July 3, 1868, Stats. at Large, vol. 15, p. 673,) together with the agreement concluded |