The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-01
HAVE TO COME DOWN.
Only One Kansas City Bridge Meets
Requirements.

The Union Pacific and the Missouri
Pacific railroad bridges will have to
De reconstructed but the Rock Island
new bridge just completed may stand
VIII be the findings Of the report
which S. M. Brewster. special master
viii file this afternoons in the United
states circuit court All three rail-
roads We're made defendants by the
government on the claim that the
bridges erected across the Kansas
river at Kansas City. Kansas. OBJ
structed and interfered with the navi-
gability of the Kansas river. The
ROCK Island succeeded in opening UP
the hearing again this morning and
introduced new testimony showing
that their new bridge which had met
with the approval of the secretary of
war had been completed across the
Kansas river.
As under the river and harbor bill
OF 1880 the secretary of war is given
considerable stretch of authority over
the construction of the bridges over
nayigable streams his recommendation
and approval would carry in the
United states courts.
Both the Union Pacific and the Mis-
souri, Pacific are older structures, the
FORMER being the Oldest. These two
latter have two piers each and the OBJ
lection is made to the presence of so
there is not sufficient clearance above
high water.
We are not fighting this because
we don't want to reconstruct our
bridge" said n. H. LOOMS. attorney
for the Union Pacific. I'VE want to
do what IS right but we are fighting
for little more time. That's all. We
expect to tear down the bridge and
build new one but we don't want to
do it until we can get the secretary OF
war and the Wyandotte county drain
age board to get together and agree
upon the kind of bridge If we should
go in and put in a bridge which would
satisfy the one and not the other we
would still be in trouble"
The findings in fact in which Mr..
Brewster makes and the recommended
tons which he POUNDS on these follow:
That the railroads who have con-
structed the bridges which are found
to obstruct the navigability of the
Kansas river should be enjoined from |
the use of their bridges as they exist
under their present condition. That |
either the bridges should be removed |
or that they should be reconstructed |
and raised That the number of piers |
be reduced and that the distractions in /
placed there by the railroads
and consisting of rip rapping be re-
moved.
Mr.. Brewster attacks the law passed
in 1864 by the Kansas state legislature |
and his finding If upheld by Judge |
Pollock will declare the law inopera-
tive
He says: That the act of the Kansas
legislature passed in 1864 authorizing
md railroad company to bridge the
Kansas river and declaring the same to
be on-naviga Bile is of no force and ef-
-ect and gives the defendant herein
no right to construct or maintain its
bridge so as to interfere with the navi-
cation OF said river
He also declares: That said river
from its mouth to Argentine and for
several miles above Argentine is of suf-
n hear xrda-
sells up to 200 or 500 tons burden. That
we're it not for the artificial obstruc-
ions in said river including said de-
sendant's bridge. said river would be
lavigable several miles above the
mouth Of said river for river craft of
or ordinary size.
The final decision in the case will
come from Judge Pollock