Chapter 94.
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/statutes-at-large/vol-22/chapter-94-1909897·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 94.— An act “to authorize the construction of a bridge across the Thames River, near New London in the State of Connecticut, and declare it a post-route” Mar. 3, 1883. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Construction of bridge across Thames River, Conn. That the bridge across the Thames River, not below Winthrop’s Point, and also across any inlet thereof, in the State of Connecticut, to be constructed under and by virtue of joint resolution of the legislature of the State of Connecticut entitled “A resolution authorizing the New York, Providence and Boston Railroad Company to bridge the Thames River, and to extend its lines”, passed at its January session, eighteen hundred and eighty-two, FORTY-SEVENTH CONGRESS.
Sess. II. Ch. 94. 1883. 461 is hereby declared to be, when completed in accordance with the aforesaidDeclared a lawful structure and post-route.*Proviso*. joint resolution of the legislature of the State of Connecticut, a lawful structure and a post-route for the conveyance of the mails of the United States: *Provided,* That 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 and freight passing over said bridge, than the rate per mile paid for the transportation over the railroads leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States: *And provided further,**Proviso*.Pivot-draw.
That the said bridge shall be built with a pivot-draw, not less than five hundred feet in length, and so as to not practically interfere with the navigation of said river for commercial or naval purposes, or the usefulness and efficiency of the navy-yard upon the same. In order to secure a compliance with these conditions, the said New York, Providence and Boston Railroad Company, previous to commencing the constructionPlan of bridge and location submitted to Secretary of War and Navy, for approval. of said bridge, shall submit to the Secretary of War and the Secretary of the Navy of the United States a plan of said bridge, and of the location thereof, with a detailed map of the river at the proposed site of said bridge, and for the distance of a mile above and below such site, exhibiting such information touching said bridge and river as may be deemed requisite by said Secretary of War and said Secretary of the Navy to determine whether the said bridge, when built, will conform to the prescribed conditions of this act, to not practically interfere with the navigation of said river for commercial and naval purposes, or the usefulness and efficiency of the navy-yard upon the same.
Sec. 2. That the Secretary of War and the Secretary of the Navy are hereby authorized and directed, upon receiving said plan and map and other information, and on the application of said railroad company, to designate a board of competent Army and Navy officers to examine suchBoard to examine and report on plans, etc. plan and location, and if, in the opinion of said board, such plan and location, or any modification thereof, will not practically interfere with the navigation of said river for commercial or naval purposes, or the usefulness and efficiency of the navy-yard upon the same, said board is hereby authorized to approve the same.
The approval of said boardApproval of Board. shall be filed with the Secretary of War, and upon the filing thereof it shall be the duty of the Secretary of War, in writing, to notify said railroad company thereof; and, upon receiving such notification, the said company may proceed to the erection of said bridge, conforming strictly to such approved plan and location. Until the said board, so appointed as aforesaid, shall approve the plan and location of said bridge, and the Secretary of War shall, in writing, notify said railroad company of the same, said bridge shall not be built or commenced.
And the said bridge shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through 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, such lights asLights and signals. may be prescribed by the Secretary of War. Sec. 3. That all railroad companies desiring the use of said bridgeEqual rights and privileges to other railroads. shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for suchCompensation. use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties: *Provided,* That the provisions*Proviso*. of section one in regard in 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 fur the use of said bridge. 462 FORTY-SEVENTH CONGRESS.
Sess. II. Ch. 94, 95. 1883. Sec. 4. Right of repeal, etc., reserved. That the right to alter, amend, or repeal this act is hereby 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, March 3, 1883.