Chapter CCCII. authorising the Construction of a Bridge across the Mississippi Hirer at Saint Louis in the State of Missouri
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CHAP. CCCII.— An Act authorising the Construction of a Bridge across the Mississippi Hirer at Saint Louis in the State of Missouri.March 3, 1873. *Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,* ThatSaint Clair and Carondelet Bridge Company may construct a bridge across the Mississippi river at Saint Louis. the Saint Clair anil Carondelet Bridge Company, a corporation chartered and organized under the laws of each of the States of Illinois and Missouri, and such other corporations and individuals, if any, as may hereafter associate themselves with them, be, and the same are hereby, authorized to erect, maintain, and operate a bridge across the Mississippi river, from some point on the Illinois shore, in the county of Saint Clair, and the State of Illinois, to the southern part of the city of Saint Louis, (formerly Carondelci.) in the State of Missouri, subject to all the conditions contained in said acts of incorporation or amendments thereto, and not inconsistent with the terms and provisions contained in this act; and in case of any litigation arising fromIf litigation, cause to be tried where. obstruction, or alleged obstruction, to the free navigation of said waters, the cause shall be tried before the district court of the United States of either State which any portion of said obstructions or bridge touches.
Sec. 2. ThatBridge how to be built. the bridge authorized by the preceding section to be built shall be subject to the following conditions: First, the two spans over the main channel of the river shall not lie less than five hundred feet in the clearSpans. from pier to pier at low-water mark; secondly, no span over the water at low-water mark shall be less than two hundred and fifty feet in the clear of abutments;Elevation. thirdly, the elevation of said bridge over the main channel shall not be less than one hundred feet above low-water mark, as understood at the point of location, measuring for such elevation to the lowest part of the superstructure or the bottom chord of said bridge, or in the case of arch spans to the lowest point of the centre of the arch;Piers.No ripraps. fourthly, the piers of said bridge shall be parallel with the current of the river as near as practicable; and that no ripraps or other outside protection for imperfect foundation will be permitted in the channel-way;Railway and other tracks. that said bridge shall be provided with two railway-tracks, two highway-tracks, and twofootwalks of not less than eight feet in width.
Sec. 3. ThatBridge company to publish notice in news-papers; said bridge company, authorized to construct said bridge across the Mississippi river by the States of Missouri and Illinois, upon whose territory said bridge will abut, shall give notice by publiatiou for thirty days, in newspapers having a wide circulation, in not less than two newspapers in the cities of Pittsburgh, Cincinnati, Louisville, Saint Louis, Memphis, and New Orleans, and shall submit to the Secretary of War,to submit plan and map to Secretary of War. for his examination, a design of the bridge and piers, and a map of the location, giving, for the space of at least one mile alaive and one mile below the proposed location, the topography of the banks of the river, the shorelines at high and low water, the direction of the current at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject by the Secretary of War;Building of piers may be begun if, &c. and if the Secretary of War is satisfied that the provisions of the law have been complied with in regard to location, the building of the piers may be at once commenced; but if it shall appear that the conditions prescribed by this act cannot be complied with at the location where it is desired to construct the bridge, the Secretary of War shall, after considering any remonstrances filed against the building of said bridge, and furnishing copies of such remonstrances to the board of engineers providedBoard of engineers maybe detailed. for in this act, detail a board, composed of three experienced officers of the corps of engineers, to examine the case, and may, on their recommendation, authorize such modifications in the requirements of this act as to location and piers as will permit the construction of the bridge, not, however, diminishing the width of the spans contemplated by this act:Navigation not to be obstructed. *Provided,* That the free navigation of the river be not materially injured thereby.
FORTY-SECOND CONGRESS. Sess. III. Ch. 303,304. 1873.617 Sec. 4. ThatLights to be maintained on bridge. any person, company, or corporation owning or operating any bridge constructed under this act shall maintain, at their own expense, from sunset to sunrise, throughout the year, such lights on their bridges as may be required by the lighthouse board for the security of navigation; and all persons owning or operating said bridge over the Mississippi river shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation.
Sec. 5. ThatBridge to be a lawful structure and post-route.Charges. the bridge constructed under this act, and according to its limitations, shall be deemed and taken to be a lawful structure, and shall be recognized and known as a post-route for the transmission of the mails, the troops, and the munitions of war of the United States, and no higher charge per mile shall be made for the transmission of mails, troops, and munitions of war, or other property of the United States, in its passage across said bridge, than is charged on railroads approaching said bridge.
Sec. 6. ThatWho may be directors of the corporation.Mortgage bonds. the directors of said corporation may be citizens of any of the United States, and may hold their meetings in either of the States of Illinois and Missouri, as the board of directors may elect, and may execute a mortgage and issue bonds, payable, principal and interest, in gold. Sec. 7. ThatAll railway companies to have equal rights to use the bridge, &c. all railway companies desiring to use the said bridge after its completion shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such equitable terms and conditions as shall be prescribed by the Secretary of “War, upon hearing the allegations and proofs of the parties, in case they shall not agree.
Sec. 8. ThatRight reserved to amend this act.Changes in bridge to be made at whose expense. the right to alter or amend this act so as to prevent or remove all material obstructions to the navigation of said river by the construction of said bridge is hereby expressly reserved; and any change in the construction or any alteration of said bridge that may be directed at any time by Congress shall be made at the cost and expense of the owners thereof. ThisAct may be repealed. act shall be subject to amendment or repeal at the pleasure of Congress.
Approved, March 3, 1873.