The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1904-11-16
BRIDGES across OHIO Rivsr.
To Receive Congressional Attention
This Winter.
a Washington leLIer says:

At its coming session congress-
will be confronted with serious
problem relating to bridges which
span the Ohio river, and legislation
will probably be enacted which
will result in a material change in
their construction A large num-
ber of them are said to constitute
distractions to navigation. and a
list has been prepared by the war
department for transmission to
congress,
That the national lawmakers
purpose to require such structures
to be altered is indicnted BY the
thoroughness with which the de-
pArtment as we'll as the attorney
has gone into the matter. Con.
siderabie data have been coIlated
with the end in view, and will be
incorporated in the annual report
of the secretary of war
The list of bridges which the
war department considers obstruc-
tIons to navigation is as follows:
Pittsburg and Lake Erie Railway
bridge at Beaver, Pa ; Pittsburg,
Cincinnati, Chicago and st. Louis
Railway bridge at Steubenville,
Ohio; Baltimore and Ohio Rail.
way bridge at Bsllaire, o.; Balti-
more and Ohio Railway bridge at
Parkersburg, w. Va; Kanawha
and Michigan Railway bridge at
Point Pleasant, w. Va; Newport
and Cincinnati bridge, Pennsyl-
vania Railway bridge at the Ohio
falls. the Kentucky and Indiana
bridge, Wheeling and Martins
Ferry bridge, Norfolk and Western
bridge at KenOva, w. Va; Chesa-
peake and Ohio Railway bridge,
Cincinnati Southern Railway and
footway bridge, the Louisville and
Jeffersonville bridge and the rail-
way bridge at Cairo. The average
cost of making such alterations on
each of these bridges SO that navi-
CATION will not be interfered with
is estimated by Colonel g.. j
Lydecker, corps of engineers. at
100000.
Oae of the provisions of the
river and harbor aot of 1902, be.
sides authorizing the secretary of
war to prepare this list directed
the attorney general to furnish an
opinion upon the question whether
the owners of such structures can
be required under existing laws to
make the necessary changes al
their own expense, or whether they
must be borne by the United
States. This opinion of the at
torney general has been transmit
ted to the secretary of war aud will
be included in his forthcoming re-
port During the lasi AZ years has
passed number of laws bearing
upon the construction of bridges
across the Ohio river. and Attor
ney General Moody. in the prepa-
rltion of his opinion, made an ex.
hausting study of their provisions
aud of court decisions touching
upon them.
His conclusions briefly set forth
are as follows:
The owners of bridges con-
structed across the Ohio river un-
der the authority of the act of CON-
gress, June IA. 1762, which con-
tained no reservation of the act of
congress to alter, amend, or repeal
the act so as TO prevent or remove
o. structions to navigation arising
from the construction of bridges
hereunder. including the Steuben-
vile bridge, cannot be required to
alter or modify them at their own
expense. without compensation.
IT the Ohio Falls bridge, which
WAS constructed under the act of
1862 and the emendatorY act of
February II, 1765, at the time of
its construction complied with all
the requirements of these acts and
did not then interrupt the naviga-
ton of the river, the owners there
of cannot be required to make
such changes as the interests of
navigation may now demand, at
their own expense. without COM
pensation.
"The express res, rvation in the
act of December II, 1872. and the
amendatory sot of February IA,
1888. of the power to require the
alteration of any bridge construct
ed nnder their authority places he.