Chapter 51. to establish a rail way bridge across I be Mississippi Kiveroxtendiug from a point between Wabasha and Read’s Landing, in Minnesota, to a point below the mouth of the Chippewa River in Wisconsin
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CHAP. 51.— An Act to establish a rail way bridge across I be Mississippi Kiveroxtendiug from a point between Wabasha and Read’s Landing, in Minnesota, to a point below the mouth of the Chippewa River in Wisconsin.Mar. 28, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Chippewa Valley and Superior Railway Company authorized to construct railway bridge across Mississippi River. That the Chippewa Valley and Superior Railway Company, its successors and assigns, are hereby authorized and empowered to erect, establish, and maintain a railway bridge across the Mississippi River, extending from a point to be by them selected in the State of Minnesota, between Read’s Landing and a point in the State of Minnesota opposite the foot of Grat’s Island, about two miles below Wabasha, across the said river to a point in the State of Wisconsin to be by them selected, below the mouth of the Chippewa River; 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 ease 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. Form of bridge. That any bridge built under the provisions of this act may, at 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 or as a pile orpoutoou bridge, similar to .John Lawler’s *Proviso*.railway pontoon bridge at Prairie du Chien, Wisconsin: *Provided*, That if the said bridge shall be made with unbroken and continuous spans, Elevation.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 *Proviso*.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 Draw.as a pivot 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 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: *Proviso*.*And provided further*, That if said company shall elect to construct a pile or Ponton bridge.pontoon bridge the Secretary of War may, if he deem it advisable and not inconsistent with the free navigation of said river, authorize said company to construct such bridge as a pile or pontoon bridge, subject to the restrictions and requirements relating to the construction thereof 35 contained in an act entitled “An act to legalize and establish a pontoon[18 Stat., 62](/us/stat/18/62). bridge across the Mississippi River at Prairie du Chien,” approved June sixth, eighteen hundred and seventy-four, except that in the bridge herein authorized one draw only shall be required, which shall not be less than three hundred and fifty feet in width in the clear: *And Provided also*,*Proviso*.
That said draw shall be opened promptly upon reasonable signal for the passage of boats. Sec. 3. That any bridge constructed under this act and according toDraws to be maintained. its limitations shall be a lawful structure, and shall be known and recognized as a post-route, and the same is hereby declared to be a post-route,Declared a post-route, and a lawful structure. 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, or for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroadsRight of way for postal telegraph reserved to United States.All railway companies to have use of bridge. and public highways leading to the said bridge; and the United States shall have the right of way for a postal telegraph across said bridge.
Sec. 4. That all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of 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. That the structure herein authorized shall be built and locatedBuilt and located under regulations prescribed by Secretary of War. 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 Secretary 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 inChange in plan of construction to be subject to approval of Secretary of War. 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 kept and managed as to offer 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 of sunrise,Lights. 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 andFree navigation of river preserved. convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation 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. That the right to alter, amend, or repeal this act is herebyAct may be amended, etc. expressly reserved. Sec. 7. That this act shall take effect and be in force from and after its passage. Approved, March 28, 1882.