Chapter CCXIII. *to authorize the Construction of a Bridge, and to establish the same as a Post-road.*May 25, 1872
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CHAP. CCXIII.— An Act *to authorize the Construction of a Bridge, and to establish the same as a Post-road.*May 25, 1872. See 1872, ch, 281. *Post*, p 215. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Bridge may be built across the Mississippi river Railway tracks.at Fort Madisou, Iowa.That it shall be lawful for any person or persons, company or corporation, having authority from the States of Iowa and Illinois, to build a bridge across the Mississippi river at Fort Madison, Iowa, and to lay on or over said bridge railway-tracks, for the more perfect connection of any railroads that are or shall be constructed to the said river at or opposite said point, under the limitations Navigation not to be interfered with.and conditions hereinafter provided; that said bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case Litigation in courts of the United Stales.of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, the cause may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches.
FORTY-SECOND CONGRESS. Sess. II. Ch. 213. 1872.161 Sec. 2. That any bridge built under the provisions of this act may, atBridge may be built with draw or unbroken spans; the option of the company building the same, be built either as a pivot drawbridge, with a pivot or other form of draw, or with unbroken or continuous spans : *Provided*, That if the said bridge shall be made with if with unbroken spans;unbroken and continuous spans, it shall not be of less elevation in any case than fifty feet above high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length; and the piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length : *And provided also,* That if any bridge built under if as drawbridge.this act shall be constructed as a pivot drawbridge, the same shall be constructed with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, if the proper location of the draw over the channel will admit spans of this width between it and the shore, and said spans shall not be less than thirty feet above low-water mark and not less than ten above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river wherePiers. said bridge may be erected : *And provided also*, That said draw shall beDraw to be opened promptly. opened promptly, upon reasonable signal, for the passage of boats, and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains.
Sec. 3. That any bridge constructed under this act, and according to itsBridge to be a lawful structure and post-route. limitations, shall be a lawful structure, and shall be known and recognized 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 their transportation over the railroads or public highways leading to the said bridge; and the UnitedPostal telegraph.
States shall have the right of way for postal-telegraph purposes across said bridge. Sec. 4. That all railway companies desiring to use the said bridge shall Railway companies to have equal rights.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 terms and conditions as shall beTerms, &c. prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree.
Sec. 5. That the structure herein authorized shall be built and located Secretary of War to prescribe regulations for locating and building bridge.under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said person or persons, company or corporation, shall submit to the Secretary of War, for his examination and approval, a design and drawings of Map, plans, drawings, &c.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 and strength of the currents 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; and until the said plan and locationBridge not to be built until, plans, &c., are approved. of the bridge are approved by the Secretary of War, the bridge shall not be built; and if any change be made in the plan of construction of said bridge during the progress of the work thereon, or before the completionChanges in plans, &c. of said bridge, such change shall be subject to the approval of the Secretary of War; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and the said structure shall be changed at the cost and expense of the owners thereof, from time to time, as ConFORTY-SECOND CONGRESS.
Sess. II. Ch. 213-, 218-220. 1872.162gress may direct, so as to preserve the free and convenient navigation of Right to build, &c., subject to revocation.said river. And the authority to erect and continue said bridge shall be subject to revocation or modification by law whenever the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States. Sec. 6. Act may be altered, &c.That 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 bridges, without-expense to the United States, is hereby expressly reserved.
Approved, May 25, 1872.