Chapter 138.
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/statutes-at-large/vol-22/chapter-138-2358782·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 138.— An act to establish, a railway bridge across the Illinois River, extending from a point within five miles of Columbiana in Greene County, to a point within five miles of Farrowtown, in Calhoun County, in the State of Illinois. Mar. 3, 1883. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Litchfield, CarrolltonLitchfield, Carrollton and Western Railroad Company authorized to construct bridge across Illinois River, etc. and Western Railroad Company, its successors and assigns, are hereby authorized and empowered to erect, establish, and maintain a railway bridge across the Illinois River, extending from a point, to be by them selected, within five miles of Columbiana, in Greene County, to a. point, to be selected by them, within five miles of Farrowtown, in Calhoun County, in the State of Illinois; and that said bridge shall not interfere with the free navigation of said river beyond what is necessary in orderFree navigation. to carry into effect the rights and privileges hereby granted; and in case 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 for the southern district of the State of Illinois.
Sec. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, be built as a drawDraw-bridge, etc.*Proviso*. bridge, with a pivot or other form of draw, or with unbroken or continuous spans; *Provided,* That if the said bridge shall be built with unbroken or 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 less than two hundred and fifty feet in length; and the piers of said bridge shall be parallel with the current of said 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*Proviso*. built under this act shall be constructed as a draw bridge, the samePivot drawbridge. shall be constructed as a pivot draw bridge, 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 than thirty feet above low water mark and not less than ten feet 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 where said bridge may be erected : *And provided also,* That said draw shall be opened promptly, upon reasonable*Proviso*.Signals. signal, for the passage of boats.
Sec. 3. That any bridge constructed under this act and according to its limitations shall be a lawful structure, and shall be knownDeclared a lawful structure and post-route. and recognized as a post-route, and the same is hereby declared to be a post-route, upon which also no higher charge shall be made for the transmission over the same of the wails, the troops, and the munitions 572 FORTY-SEVENTH CONGRESS. Sess. II. Ch. 138, 139. 1883. of war of the United States, or for passenger or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to the said bridge; and the Right of way for postal telegraph.United States shall have the right of way for a postal telegraph across said bridge.
Sec. 4. Equal rights and privileges to other railroads. That all railway companies desiring to use 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 the 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. 5. Security of navigation, etc.
That the structure herein authorized shall be built and located 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 company or corporation shall submit to the SecretaryDesign, drawings, and map of location to be submitted to Secretary of War for approval. of War, for his examination and approval, a design and drawings of said bridge, and a map of the location, giving, for the space of 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 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; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the process of construction, such change shall be subject to the approval of the Secretary of War.
And the said structure shall be at all times so managed and kept as to oiler reasonable and proper means for the passage of vessels through or under said structure; and to secure the. safe passage of vessels at night there shall be displayed on said bridge, from the hour of sunset to that Lights, etc.of sunrise, such lights as may be prescribed by the Secretary of War; and the said structure shall be changed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and and 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. Rights reserved. That the right to alter, amend, or repeal this act is hereby expressly reserved. Sec. 7. That this act shall take effect and be in force from and after its passage. Approved, March 3, 1883.