Chapter 281. to authorize the construction of a railroad bridge across the Sainte Marie River
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CHAP. 281.— An Act to authorize the construction of a railroad bridge across the Sainte Marie River.July 8, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Sault Sainte Mario Bridge Company to construct bridge across the Sainte Mario River.Right of railroads to use of bridge; compensation therefor.Plan and location to be submitted to Secretary of War for his approval. That it shall be lawful for the Sault Sainte Marie Bridge Company, a corporation duly organized by and under the laws of the State of Michigan, whenever due authority shall have been given to any person or corporation by the Dominion of Canada with the sanction of the British Government to build or join in the building of a bridge for such purpose, to build a bridge across the Sainte Marie River at or near the rapids in said river, in Chippewa County, Michigan, for the use of and connection of railroads whose business crosses or will cross the river at said locality, and whose lines of road are now or may hereafter approach the river at that place; and that when constructed al! the trains of all the roads terminating at said river at that place, or opposite thereto, shall be allowed to cross the said bridge for reasonable compensation to be made to the owners thereof, under the limitations and conditions hereinafter mentioned.
And in case of litigation arising from any obstruction or alleged obstruction to the free navigation of the said river within the waters of the United States, the cause may be tried before the district court of the United States of the State in which any portion of said obstruction or bridge touches. Sec. 2. That it shall be the duty of said Sault Sainte Marie Bridge Company before entering upon the construction of said bridge to submit to the Secretary of War, for his approval a drawing and discripunn fully showing the plan and location proposed for said bridge; and the construction thereof shall not be entered into until such approval of the plan and of the location of the site of the bridge has been obtained. 155 FORTY-SEVENTH CONGRESS.
SESS. I. CH. 281, 282. 1882. Sec. 3. That any bridge constructed under the provisions of this actDrawbridge over ship-canal between Lakes Human and Superior. shall have one pivot drawbridge over the ship canal connecting Lakes Huron and Superior, convenient for the passage of ships, vessels, and steamboats, and of the entire width of said canal, clear of all obstructions of every kind from said bridge, and twenty five feet additional over the towpath on either side whenever said draw is open; said drawbridge to be of such length as to conform to these conditions, and the said bridge shall not be less than ten feet high above high-water mark in said canal, measuring to the bottom chord of the bridge; and the said draw shall be opened promptly, upon reasonable signal, for the passage of boats and vessels, except when trains arc passing over the same, but in no ease shall unnecessary delay occur in opening said draw during or after the passage of trains; and the operation or working ofRegulations for operating d r a w- bridge ; under supervision of Secretary of War. said drawbridge shall at all times be under the supervision of the Secretary of War, and shall be subject to such rules and regulations as he may prescribe.
Sec. 4. That any bridge constructed under this act, and according toDeclared a lawful structure and post-route. 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 transportation over the same of the mails of the United States, or for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads or public highwaysCharges for transportation of mails, etc. leading to said bridge.
Sec. 5. That said bridge company shall have the right to locate, hold,icebreakers or piers. and possess said post-route and bridge and right of way for the width which the length of the drawbridge will require for space to swing in. It shall also be lawful to place icebreakers or piers above the said bridge in said river, for the safety and protection of said bridge: *provided,*Proviso. That the rights of navigation and of private parties be in all cases respected. Sec. 6. That any bridge constructed under the provisions of this actTolls for travel of persons, etc. may be constructed not only for the purposes of railroad business, but also for travel of persons, horses, teams, and carriages, in which case the said company or corporation may charge reasonable toll therefor, subject to regulation and revision from time to time by the Secretary of War of the United States.
Sec. 7. That all railway companies desiring to use the said bridgeSecretary of War to hear and determine cases of disagreement. 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 approaches thereto, under and upon such reasonable terms and conditions and subject to such rules and regulations as shall be prescribed by the Secretary of War of the United States, upon hearing the allegations and proofs of the parties, in case the parties themselves be unable to agree. *Provided,* That the provisions of section four in regard*Proviso.* to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. * Sec. 8.
That the right to alter, amend, or repeal this act is herebySpecial rights of United States reserved. expressly reserved. And the right to require any changes in said structure or its entire removal at the expense of the owners thereof whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 8, 1882.