CONTRACT WITH WAR DEPARTMENT .

Whereas, by an Act of Congress approved June 4, 1872, entitled “An Actauthorizing the construction of a bridge across the Missouri River opposite to, orwithin the corporate limits of Nebraska City , Nebraska, ” it was enacted that it shallbe lawful for the Nebraska City Bridge Company, a corporation having authorityfrom the State of Nebraska and from the State of Iowa , to build a railroad, transitand wagon bridge across the Missouri River , opposite to or in the immediate vicin-ity of Nebraska City , in the county of Otoe, and State of Nebraska ; and

Whereas, it is provided by Section 2 of said act, “ That the corporators named“ in the above corporation shall hold the said charter here granted in trust for the“ sole and exclusive use and benefit of any person or persons, company or compa-nies, corporation or corporations who shall build, erect and complete such bridge“ herein provided in accordance with the provisions of this Act, and said original“ incorporators shall transfer and assign, without any remunerating compensation,“ all their rights to any party or parties, company or companies, corporation or cor-“ porations, who shall erect said bridge; ” and

Whereas, it is further provided by the Act of Congress aforesaid, that the cor-poration building said bridge may enter upon the banks of said river, either aboveor below the point of location of said bridge, and erect and maintain breakwaters oruse such other means as may be necessary to make a channel for said river, and toconiine the how of the water to a permanent channel, and to do whatever may bonecessary to accomplish said object, but shall not impede or obstruct the navigationof said river; and all plans for such works or erections upon the banks of the rivershall first be submitted to the Secretary of War for his approval; and further, thatthe plan and specifications, with the necessary drawings of said bridge, shall be sub-mitted to the Secretary of War for his approval, and until he approves the planand location of said bridge, it shall not be built or commenced ; and should any

APPENDIX B.-Continued.

15

change be made in the plan of said bridge, during the progress of the work thereon,such change shall be subject to the approval of the secretary of War; and

Whereas, the Nebraska City Bridge Company, in pursurance of the Act ofCongress aforesaid, and in consideration that the Nebraska Railway Company, acorporation in the State of Nebraska , shall immediately enter upon the constructionof said bridge, and shall complete the same without unnecessary delay, and shallthereafter maintain the said bridge, the aforesaid, the Nebraska City Bridge Com,pany, by its president and secretary, has conveyed to the Nebraska Railway Com-pany aforesaid, all the rights, title, charter, privileges and franchise that is orever has been vested in the said Nebraska City Bridge Company ; and

Whereas, the Nebraska Railway Company has accepted the transfer of all therights, title, charter and privileges conferred upon the said Nebraska City BridgeCompany by the Act of Congress aforesaid, and has also accepted all of the provis-ions, restrictions and limitations of the Act of Congress aforesaid, in regard to theconstruction of said bridge, and subject to the further condition that in the eventof the Nebraska Railway Company failing to comply with the conditions of con-struction and the terms of the transfer as aforesaid, the rights and privileges sotransferred shall revert to the Nebraska City Bridge Company aforesaid ; and

Whereas, the Nebraska Railway Company, in pursuance of the act of Congressaforesaid, has submitted for the approval of the Secretary of War a map showingthe location of said bridge, and the works designed to confine the flow of the waterto a permanent channel, together with the plan and specifications and a drawing ofsaid bridge; and

Whereas, the Acting Chief of Engineers, United States Army , has reportedthat the papers now presented are believed to fulfill all the requirements of thecase, and are recommended for approval:

Now , therefore , I, William C. Endicott , Secretary of War, having examined theplans and specifications for the construction of said bridge, and the map of location of

said bridge, and the works designed to confine the flow of the water to a permanentchannel, submitted by the Nebraska Railway Company, do hereby approve thesame, subject to the condition, however, that the engineer officer of the United States Army in charge of the district within which the bridge is to be erected, maysupervise its construction, so far as may be necessary, in order that the plansapproved by the Secretary of War shall be complied with, and the bridge builtaccordingly.

Witness my hand this 5th day of July, 1887.

Wm. C. Exdicott,

Secretary of War.

The words “ of the United States Army ” in line ten of this page were insertedbefore the execution of this instrument.

This instrument is also executed by the Nebraska Railway Company, by itspresident, G. W. Iloldrege, thereto lawfully authorized, this twenty-seventh dayof June, 1887, in testimony of its acceptance of the provisions, conditions and limi-tations of the Act of Congress aforesaid.

In presence of

II. D. Allee,

P. S. Eustis,Thomas Miller.

The Nebraska Railway Company,

By G. W. IIoldrege,

President.

Attest: J. G. Taylor,

Secretary.