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APPENDIX D.

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Whereas, By an act of Congress, approved April 24, 1888, entitled “Anact to authorize the construction of a bridge across the Mississippi River atMemphis, Tennessee,” it was enacted that the Kansas City & Memphis Rail-way and Bridge Company, a corporation created and organized under and byvirtue of the laws of the State of Arkansas, its successors and assigns, be,and the same are hereby authorized and empowered to erect, construct,and maintain a bridge over the Mississippi River from or near the town ofHopefield, in the State of Arkansas, to or near the taxing district of ShelbyCounty, commonly known as the city of Memphis, in the State of Tennessee;and,

Whereas, It is provided by section 5 of the act of Congress aforesaid,That any bridge authorized to be constructed under this act shall be built andlocated under and subject to such regulations for the security of navigation ofsaid river as the Secretary of War shall prescribe; and to secure that object,the said companies or corporations shall submit to the Secretary of War, forhis examination and approval, a design and drawings of the bridge, and amap of the location, giving, for the space of two miles above and two milesbelow the proposed location, the topography of the banks of the river, theshore lines at extreme high and low water, the direction and strength of thecurrents at all stages, and the soundings, accurately showing the bed of thestream, the location of any other bridge or bridges, and shall furnish suchother information as may be required for a full and satisfactory understandingof the subject; and until the said plan and location of the bridge are approvedby the Secretary of War, the bridge shall not be built or commenced; andshould any change be made in the plans of said bridge during the progress ofconstruction, such change shall be subject to approval of the Secretary ofWar, and shall not be made or commenced until the same is so approved;and

Whereas, The original plans were submitted to a board of Engineer Officers

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for examination and report, as provided in section 3 of the act of Congressaforesaid; and,

Whereas, The report submitted by said board was not approved by theSecretary of War ; and,

Whereas, The Kansas City & Memphis Railway and Bridge Companyaforesaid has accepted the provisions of the act of Congress aforesaid, andin compliance therewith has submitted to the Secretary of War for his ex-amination and approval a design and drawing of a proposed bridge acrossthe Mississippi River, the main channel span of which is not less than sevenhundred feet in length, and the other spans not less than six hundred feet inlength, and the lowest part of the superstructure is seventy-five feet aboveextreme high-water mark, and has also submitted a map of the locationthereof;

Note, therefore, I, William C. Endicott, Secretary of War, having examinedand considered the plans of said bridge, and the map of the location thereof,submitted by the Kansas City & Memphis Railway and Bridge Companyaforesaid, and which are hereto attached, do hereby approve the same, subject,however, to the following conditions, viz.:

1. That the Kansas City & Memphis Railway and Bridge Companyshall provide an independent roadway for wagons and animals on each ap-proach of said bridge, and, for the entire length of the bridge proper, a road-way of sufficient width for wagons to pass each other without inconvenience,to be used by wagons and animals in common with the railroad.

2. That said bridge shall be open for the passage of wagons and animalsat all times except when trains are actually crossing.

3. That reasonable signals shall be given when trains are approachingthe bridge, and no train shall be permitted to enter the common roadwayuntil the wagons which are on the roadway when the signal is given havepassed off of said common roadway.

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4. That whenever in the opinion of the Secretary of War the roadwayabove provided for does not afford ample means for the passage of wagons andvehicles of all kinds, and the transit of animals, the Secretary of War mayrequire the Railway and Bridge Company aforesaid to furnish a Ferry Train,consisting of such a number of large box cars with continuous floor, sides, andtop, as he may deem necessary for the transportation of said wagons andvehicles, and the transit of animals across said bridge, and may require saidcompany to receive and larnj. said wagons, vehicles, and animals at such pointas he may designate on each side of said river; and may prescribe the intervalsat which said Ferry Train shall cross said bridge for the accommodation ofsaid wagons, vehicles, and animals.

5. The right to require changes in said structure, if the public interestdemands them, being reserved to the Secretary of War in section 9 of said act.

6. That the Engineer Officer of the United States Army in charge of thedistrict within which the bridge is to be built may supervise its constructionso far as may be necessary in order that the plans herein approved shall becomplied with and the bridge built accordingly.

Witness my hand this twenty-third day of August, 1888.

Wm. C. Endicott,

Secretary of War.

This instrument is also executed by the Kansas City & Memphis Rail-way and Bridge Company, by George H. Nettleton, its President, thereuntolawfully authorized, this twenty-third day of August 1888, in testimony of theacceptance by said company of the provisions of the act of Congress aforesaid,and of the conditions herein imposed.

Kansas City & Memphis Railway and Beidge Company.

In presence of | By Geo. H. Nettleton,

F. H. Damon, j President.

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