Chapter CDXXII. to authorize the Construction of a Bridge across the Mississippi River at or near the City of Red Wing, in the State of Minnesota, and to establish it as a Post-road
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CHAP. CDXXII.— An Act to authorize the Construction of a Bridge across the Mississippi River at or near the City of Red Wing, in the State of Minnesota, and to establish it as a Post-road.June 10, 1872.1872, ch. 281.*Ante*, p. 215. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That it shall be lawful for anyBridge may be built across the Mississippi river, at, &c., Red Wing, Minnesota, and railway tracks be laid thereon; person or persons, company or corporation, being first thereto authorized by the legislatures of Minnesota and Wisconsin respectively, to build a bridge across the Mississippi river, at or near the city of Red Wing, in the State of Minnesota, 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 and conditions hereinafter provided; that said bridge shall not interferenot to interfere with navigation; 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 casesuits to be tried where; 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.
Sec. 2. That any bridge built under the provisions of this act may, atmay be built as a drawbridge, or with continuous spans;if with continuous spans; the option of the company building the same, be built as a 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 unbroken and continuous spans, it shall not be of less elevation, in any case, than fifty feet above extreme 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 lessspans and piers; 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 this act shall be constructed as a drawbridge, the same shall be constructed as a pivotif as a drawbridge; drawbridge, 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; and said spans shall not be less thanspans and piers. 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: *And provided also,* That said draw shall be opened promptly, upon reasonableDraw to be opened promptly, &c. 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 toBridge to be a lawful structure, and post-route. its 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 United States shall have the right of way for postal-telegraphRight of way for postal-telegraph. purposes across said bridge.
Sec. 4. That all railway companies desiring to use the said bridgeAll railway companies to have equal rights, &c.380FORTY-SECOND CONGRESS. Sess. II. Ch. 422, 423. 1872. 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 terms and conditions asTerms. shall be 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 plan and specifications, with the necessary drawingsPlans, &c., to be submitted to the Secretary of War. of said bridge, shall be submitted to the Secretary of War for his approval, and until he approve the plan and location of said bridge it shall not be built or commenced; and should any change be made in the plan of said bridge during the progress of the work thereon, such changes shallChanges. be subject to the approval of the Secretary of War; and all changes in the construction of said bridge that may be directed by Congress shall be made at the cost and expense of the owners thereof.
Sec. 6. That the right to alter or amend this act, so as to prevent orAct may be altered, &c. remove all material obstructions to the navigation of said river by the construction of bridges, is hereby expressly reserved. Approved, June 10, 1872.