Final Report: 1890

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Page 4 - An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes...
Page 2 - That whenever the Secretary of War shall have good reason to believe that any railroad or other bridge now constructed, or which may hereafter be constructed, over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts, steamboats, or other water craft, it shall be the duty...
Page 2 - SKC. 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...
Page 2 - Engineers that are required to be made, and shall prescribe in each case a reasonable time in which to make them. If at the end of such time the alteration has not been made, the Secretary of War shall forthwith notify the United States district attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter mentioned may be taken.
Page 2 - Secretary first giving the parties reasonable opportunity to be heard, to give notice to the persons or corporations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed...
Page 34 - And nowhere could the power to control the bridges in that city, their construction, form, and strength, and the size of their draws, and the manner and times of using them, be better vested than with the State or the authorities of the city upon whom it has devolved that duty.
Page 34 - As has often been said by this court, bridges are merely connecting links of turnpikes, streets, and railroads; and the commerce over them may be much greater than that on the streams which they cross. A break in the line of railroad communication from the want of a bridge may produce much greater inconvenience to the public, than the obstruction to navigation caused by a bridge with proper draws. In such cases, the local authority can best determine which of the two modes of transportation should...
Page 17 - Commonwealth, and of the banks thereof, and of all structures therein, in order to prevent and remove unauthorized encroachments and causes of every kind which may in any way injure the said river, and in order to protect and develop the rights and property of the public therein.
Page 17 - ... in order to protect and develop the rights and property of the Commonwealth therein and to protect the public health. It shall...
Page 2 - ... 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.

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