Chapter CCVII. *to authorize the Northern Pacific Railroad Company to construct and maintain a Bridge across the Saint Louis River*
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CHAP. CCVII.— An Act *to authorize the Northern Pacific Railroad Company to construct and maintain a Bridge across the Saint Louis River*. Feb. 27, 1873. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Northern Pacific railroad may maintain a draw-bridge across the Saint Louis river between, &c.Height of bridge.Draw. That the Northern Pacific Railroad Company is hereby authorized to construct and maintain a drawbridge across the Saint Louis river between Rice’s point, in the State of Minnesota, and Connor’s point, in the State of Wisconsin.
That the said bridge shall be not less than ten feet above the level of the water of said river at the point where its construction is hereby authorized; that said bridge shall have a pivot-draw giving two clear openings of one hundred feet each, measured at right angles to the current at the average stage of water in the river, and located in a part of the bridge that can be safely and conveniently reached at that stage; and the next adjoining spans to the draw shall not be less than one hundred and fiftySpans.478FORTY-SECOND CONGRESS.
Sess. III. Ch. 207. 1873. feet, if the proper location of the draw over the channel will admit spans of tins width between it and the shore; and said span shall not be less than ten feet above extreme high-water mark, measuring to the Draw to be opened promptly.bottom chord of the bridge; that said draw shall be opened promptly, upon reasonable signal, for the passage of boats whose construction shall not be such as to admit of their passage under the stationary spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw before or after the passage of trains.
Sec. 2. Piers.That the piers of the said bridge shall be built parallel with die current at that stage of the river which is most important for navigation; Ripraps.and that no ripraps or other outside protection for imperfect foundation will be permitted in the channel-way of the draw-openings. Sec. 3. Plans for bridge and piers, &c., to be submitted to the Secretary of War.That the said Northern Pacific Railroad Company shall submit to the Secretary of War, for his examination, a design and drawings of the bridge and piers, and a map of the location, giving, for the space of at least one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction of die 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 Building of piers may be commenced if, &c.If condition of act cannot be complied with at that location, board of three officers of the engineer corps to examine the case, &c.War; 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 provided for in this act, detail a board composed of three experienced officers of the corps of engineers, to examine the case, and, on their recommendation, authorize such modifications in the requirements of this act, as tn location and piers, as will permit the construction of the bridge, not, however, diminishing the width of the spans contemplated by this act:
Free navigation.*Provided*, That the free navigation of the river be not materially injured thereby. Sec. 4. Owners, &c., of bridge to maintain suitable lights.That all parties owning, occupying, or operating the said bridge shall maintain, at their own expense, from sunset to sunrise throughout the year, such lights on their bridges as may be required by the light-house board for the security of navigation; and all persons owning, occupying or operating the said bridge shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation.
Sec. 5. Bridge to be a lawful structure and a post-route.That any bridge constructed under this act, and according to its limitations, shall be a lawful structure, and shall be recognized and known as a post-route, upon which, also, no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said Right of way for telegraph.Litigation.bridge; and the United States shall have the right of way for postal-telegraph purposes across such bridge; and in case of any litigation arising from any obstruction or alleged obstruction to the navigation of said river, created by the construction of said bridge under this act, the cause or question arising may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches.
Sec. 6. Railway companies to have equal right to use the bridge.That all railway companies desiring to use the said bridge 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 theFORTY-SECOND CONGRESS. Sess. III. Ch. 208, 210. 1873.479 approaches thereto, under and upon such 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. 7. That the right to alter or amend this act, so as to prevent orThis act may be altered, &c. remove all material obstructions to the navigation of said river by the construction of the said bridge, is hereby expressly reserved, without any liability of the government for damages on account of the alteration or amendment of this act, or on account of the prevention or requiring theChanges in plan to be approved by the Secretary of War.Changes in bridge ordered by Congress to be made at the expense of the owners. removal of any such obstructions; and if any change be made in the plan of construction of any bridge constructed under this act, during the progress of the work thereon or before the completion of said bridge, such change shall be subject to the approval of the Secretary of War; 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.
Approved, February 27, 1873.