LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY. FORTY-SEVENTH CONGRESS, FIRST SESSION, 1881-'82. CHAP. 22.-An act making an appropriation for continuing the improvements of Mar. 4, 1882. Galveston Har Be it enacted by the Senate and House of Representatives of the United States the Treasury not otherwise appropriated, for the purpose of continuing Improve ment continue the work to the end of the current fiscal year; and the expend- Appropriation. iture of the sum hereby appropriated is placed under the direction and control of the Secretary of War. Approved, March 4, 1882. CHAP. 24.-An act to provide for certain of the most urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eightytwo, and for other purposes. Mar. 6, 1882. Be it enacted by the Senate and House of Representatives of the United States Deficiency ap of America in Congress assembled, That the following sums, or so much propriations. thereof as may be necessary, be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, for the service of the fiscal year ending June thirtieth, eighteen hundred and eighty-two, and prior years, namely: The Secretary of War is authorized to use the unexpended balance Fishing Batof the appropriations for the improvement of the Susquehanna River tery. above and below Havre de Grace in the construction of the channel and breakwaters of the "Fishing Battery" below Havre de Grace. For care of and repairs to, the Executive Mansion, and for furniture Repairs, and as follows: for furniture; For furniture, upholstering, carpets, rugs, glass-ware, silverware and items. kitchen utensils, thirteen thousand six hundred and ninety-three dollars and ninety-nine cents. For papering, painting, blankets, quilts, table linen and lace curtains, two thousand six hundred and forty dollars and twenty cents. For two force-pumps, repairs to roof and ordinary care and repair of mansion and greenhouses, three thousand six hundred and sixty-five dollars and eighty-one cents. For lighting the Executive Mansion and public grounds, for new gas 353 Feb. 25, 1882. fixtures, repairs to the old gas-fixtures, and for purchase of wax candles, one thousand dollars. For removing snow and ice, one thousand dollars. For contingent expenses of the Executive Office, two thousand dollars. [No. 6.] Joint resolution authorizing the Secretary of War to use rations for the relief of destitute persons in the district overflowed by the Mississippi River. Resolved by the Senate and House of Representatives of the United States Food, etc., for of America in Congress assembled, That the sum of one hundred thousand relief of the des- dollars is hereby appropriated, of which sum so much as is necessary titute in district shall be used by the Secretary of War in the purchase and distribution overflowed by of subsistence stores to aid in the relief of destitute persons in the Mississippi Riv district overflowed by the Mississippi River and its tributaries; and he is authorized to co-operate with the authorities of the several States of which such district is a part in making distribution of the er. same. Approved, February 25, 1882. March 21, 1882. [No. 12.] Joint resolution making a further appropriation to relieve the sufferers by the overflow of the Mississippi River and its tributaries. Resolved by the Senate and House of Representatives of the United States Additional ap of America in Congress assembled, That a further sum of one hundred and propriation for sufferers from fifty thousand dollars, or so much thereof as may be necessary, is hereby overflow of the appropriated out of any money in the Treasury not otherwise approMississippi Riv-priated to be expended by and under the direction of the Secretary of War for the purpose of furnishing food to such persons as have been rendered destitute by the recent floods in the Mississippi River and its tributaries. er. April 1, 1882. ers from overflow Approved, March 21, 1882. [No. 16.] Joint resolution authorizing the Secretary of War to use rations for the relief of destitute persons in the district overflowed by the Mississippi River. Resolved by the Senate and House of Representatives of the United States Subsistence of America in Congress assembled, That the sum of one hundred thoustores for suffer sand dollars is hereby appropriated, of which sum so much as is necesof the Mississippi sary shall be used by the Secretary of War in the purchase and distribution of subsistence stores to aid in the relief of destitute persons in the district overflowed by the Mississippi River and its tributaries; and he is authorized to co-operate with the authorities of the several States of which such district is a part in making distribution of the River. Mar. 21, 1882. same. Approved, April 1, 1882. CHAP. 44.-An act appropriating one hundred thousand dollars for continuing the work on Davis Island Dam. Be it enacted by the Senate and House of Representatives of the United Davis Island States of America in Congress assembled, That the sum of one hundred Dam, Ohio River. thousand dollars be, and the same hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of continuing the work on the Davis Island Dam in the Ohio River, and to be expended under the direction of the Secretary of War, and in anAppropriation. ticipation of part of the appropriation for such purpose in the regular river and harbor act. Mar. 28, 1882. Approved, March 21, 1882. CHAP. 51.-An act to establish a railway bridge across the Mississippi River extend ing from a point between Wabasha and Read's Landing, in Minnesota, to a point below the mouth of the Chippewa River in Wisconsin. Be it enacted by the Senate and House of Representatives of the United Chippewa Val- States of America in Congress assembled, That the Chippewa Valley and ley and Superior Superior Railway Company, its successors and assigns, are hereby auRailway Com thorized and empowered to erect, establish, and maintain a railway pany authorized to construct rail bridge across the Mississippi River, extending from a point to be by them way bridge selected in the State of Minnesota, between Read's Landing and a point across Missis in the State of Minnesota opposite the foot of Crat's Island, about two sippi River. miles below Wabasha, across the said river to a point in the State of Wisconsin to be by them selected, below the mouth of the Chippewa River; that said bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river the cause may be tried before the District Court of the United States of any state in which any portion of said obstruction or bridge touches. Proviso. Elevation. Draw. SEC. 2. That any bridge built under the provisions of this act may, Form of bridge. at the option of the Company building the same, be built as a drawbridge, with a pivot or other form of draw, or with unbroken or continuous spans or as a pile or pontoon bridge, similar to John Lawler's railway pontoon bridge at Prairie du Chien, Wisconsin: Provided, That if the said bridge shall be made with unbroken and 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 than three hundred feet in length: And provided also, That if any bridge built under this act shall Proviso. be constructed as a draw-bridge, the same shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low water mark, and not less than ten feet above extreme high water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected: And provided further, That if said company shall elect to construct a pile or pontoon bridge the Secretary of War may, if he deem it advisable and not inconsistent with the free navigation of said river, authorize said company to construct such bridge as a pile or pontoon bridge, subject to the restrictions and requirements relating to the construction thereof contained in an aet entitled "An act to legalize and establish a pontoon bridge across the Mississippi River at Prairie du Chien," approved June sixth, eighteen hundred and seventy-four, except that in the bridge herein authorized one draw only shall be required, which shall not be less than three hundred and fifty feet in width in the clear: And prorided also, That said draw shall be opened promptly upon reasonable sigual for the passage of boats. Proviso. Ponton bridge. 18 Stat., 62. Proviso. Draws to be a Right of way SEC. 3. That any bridge constructed under this act and according to its limitations shall be a lawful structure, and shall be known and rec- maintained. ognized as a post-route, and the same is hereby declared to be a post- Declared route, upon which also no higher charge shall be made for the transmis- post-route, and a sion over the same of the mails, the troops, and the munitions of war of lawful structure. the United States, or for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads for postal tele and public highways leading to the said bridge; and the United States graph reserved to shall have the right of way for a postal telegraph across said bridge. United States. SEC. 4. That all railway companies desiring to use said bridge shall All railway have and be entitled to equal rights and privileges in the passage of of companies to have use of the same, and in the use of the machinery and fixtures thereof and of bridge. all the approaches thereto, under and upon such terms, and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in case they shall not agree. SEC. 5. That the structure herein authorized shall be built and located Built and lounder and subject to such regulations for the security of navigation of cated under regsaid river as the Secretary of War shall prescribe; and to secure that scribed by Secobject the said company or corporation shall submit to the Secretary retary of War. of War for his examination and approval a design and drawings of said 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 ulations pre 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 Change in plan the plan of said bridge during the process of construction such change of construction to shall be subject to the approval of the Secretary of War. And the said be subject to ap structure shall be at all times so kept and managed as to offer reasonproval of Secretary of War. able and proper means for the passage of vessels through or under said structure; and to secure the safe passage of vessels at night there shall be displayed on said bridge from the hour of sunset to that of sunrise, such lights as may be prescribed by the Secretary of War; and the said structure shall be changed, at the cost and expense of the owners thereof, Free naviga. from time to time, as Congress may direct, so as to preserve the free and tion of river pre- convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law, whenever the public good shall in the judgment of Congress so require, without any expense or charge to the United States. Lights. served. Act may be amended, etc. April 1, 1882. SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved. SEC. 7. That this act shall take effect and be in force from and after its passage. Approved, March 28, 1882. CHAP 60.-An act authorizing the construction of a bridge over the Missouri River, at or near Arrow Rock, Missouri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the Hannibal and Hannibal and Southwestern Railway Company, a corporation duly and Southwestern legally incorporated under and by virtue of the laws of the State of Railway ComI Missouri, its assigns or successors to construct and maintain a bridge, pany to construct bridge and approaches thereto, over the Missouri River at or near Arrow Rock, over the Missouri in the county of Saline, in said State. Said bridge shall be constructed River at Arrow to provide for the passage of railway trains, and, at the option of the Rock, Mo. ful structure. Spans. Proviso. Draw. 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. Shall be a post- SEC. 2.-That any bridge built under this act, and subject to its limroute, and a law- itations, 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 of the mails, the troops, and the munitions of war of the United States, or passengers or freight passing over said bridge, 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. 3.-That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty 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: Provided, That if the same shall be constructed as a draw-bridge, the draw or pivot pier shall be at or near that shore nearest the channel of the river where in the opinion of the Secretary of War, the passage through the draw at that point can be consistently maintained; if not so constructed then the draw pier to be in the main channel, and the opening or passage way to be so protected that water craft can be worked through it by lines, when not safe to pass otherwise; and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or ma Proviso. Lights. terially obstruct the free navigation of said river; and if any bridge Free navigaerected under such authority shall, in the opinion of the Secretary of tion preserved. 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 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 Missouri in which any portion of said obstruction or bridge may be located: Prorided 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. Proviso. equal rights and SEC. 4.-That all railroad companies desiring the use of said bridge Railway comshall have and be entitled to equal rights and privileges relative to the panies entitled to passage of railway trains over the same and over the approaches thereto, privileges. 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 and 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 hearing of the allegations and proofs of the parties. Plans and loca 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 tions to be ap security of navigation of said river as the Secretary of War shall pre- proved by Secrescribe; and to secure that object the said company or corporation shall tary of War. 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. SEC. 6.-That the right to alter, amend or repeal this act is hereby expressly reserved. Approved, April 1, 1882. CHAP. 79-An act to authorize the construction of a bridge across the Missouri Apr. 14, 1882. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Saint Louis, Hannibal and Saint Louis, Keokuk Railroad Company, a corporation organized under the laws of Hannibal and the State of Missouri, be, and is hereby, authorized to construct and Keokuk Railroad Company to conmaintain a bridge and approaches thereto over the Missouri River at struct a bridge the most accessible point within five miles above the city of Saint over Missouri Charles, in the county of Saint Charles and State of Missouri. Said River. 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 toll as Toll, how rated. may be approved from time to time by the Secretary of War. Postroute, and ure. SEC. 2. That any bridge built under this act and subject to its limitations shall be a lawful structure, and shall be recognized and known a lawful structas 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 and freight passing over said bridge, 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. |