Chapter 144.
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CHAP. 144.— AN ACT to authorize the construction of a bridge across the Saint Croix River at the most accessible point between Stillwater and Taylor’s Falls Minnesota.February 25, 1885. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Minneapolis, Sault Sainte Marie and Atlantic Railway Company to construct a bridge across the Saint Croix River, between Stillwater and Taylor’s Falls, Minn.Passage of Railway trains, etc.
That the Minneapolis, Sault Sainte Marie and Atlantic Railway Company, a corporation organized under the laws of the State of Wisconsin, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Saint Croix River, between the States of Minnesota and Wisconsin, at the most accessible point between the city of Stillwater and the, village of Taylor’s Falls, on said river. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be approved from time toRates of toll. time, by the Secretary of War.
Sec. 2. That any bridge built under this act shall be constructed and built without materialNot to impede free navigation. interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure a compliance with these conditions the corporation previous to commencing the construction of the bridge, or of the accessory works designed to secure the best practical channel-way for navigation and confine the. flow ofPlans, etc., to be submitted to Secretary of War. the water to a permanent channel at said point, shall submit to the Secretary of War a plan of the bridge and accessory works provided for in this act together with a detailed map of the river at the proposed site of the bridge and for a*Proviso*. distance of a mile above and below the site together with all other informationSpans. touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed conditions of this act.
That said bridge shall be constructed and built without material interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted: *Provided*, That as to any bridge*Proviso*.Draw. built under this act, 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 less than one 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 one hundred and fifty feet in length: *And provided also*,*Proviso*.Signals.*Proviso*.
That if any bridge built under this act shall be constructed as a draw bridge the same shall constructed as a pivot draw bridge, with a draw over the main channel of the river at au accessible and the best navigable point, and with spans of not less than one hundred and ten feet in length in the clear on each side of the central or pivot pier of the draw, *Provided also*, That said draw shall be opened promptly upon reasonable signal for the passing of boats vessels and other watercraft: *Provided, however*, That no bridge shall be built under the provisions of this act except there also be built, at the time of the erection of the piers, proper sheer-booms or other proper protections to safely guide boats, vessels, rafts, and other watercraft through said draw spans, and at the expense of the company or corporation erecting said bridge, and said company or corporation shall maintain, at its own expense, from sunset to to sunrise, such lights or other signals on said bridge as the Secretary of WarLights. shall prescribe.
Sec. 3. That the Secretary of War is hereby authorized and directed,Approval of Secretary of War necessary before construction is commenced. upon receiving any such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such locality, will conform to the prescribed conditions of 310 FORTY-EIGHTH CONGRESS. SESS. II. CH. 144-145. 1885. this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approves the plan and location of said bridge and accessory works, and notify the company of the same, the bridge shall not be built; and should any change be made in the plan of the bridge or accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War, not, however, to be in any wise inconsistent with the provisions or conditions of this act.
Sec. 4. That any bridge and accessory works, when built and constructedDeclared a lawful structure and post-route. under this act and according to the terms and limitations thereof shall be a lawful structure; and said bridge shall be recognized and known as a post route, upon which also no higher charge shall be made for the transmission over Hates as to United States limited.the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of the other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge, and the United States shall Right of way for postal-telegraph and telephone.Right to amend, repeal, or change reserved.have the right of way for postal telegraph and telephone lines, free of charge, across said bridge.
Sec. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any changes in said structure, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. Sec. 6. That it shall be the duty of the Secretary of War to require the companySpecial structures as aids to passage of bridge, etc.Penalty. or persons owning said bridge to cause such aids to the passage of said bridge authorized by the provisions of this act to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of rafts, steamboats, and other watercraft safely through the draw and raft spans, as shall be specified, in his order in that behalf; and on the failure of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed,to cause the same to be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any circuit court of the United States in which such bridge or any part thereof, is located, for the recovery of the cost thereof, and all moneys accruing from such proceedings shall be covered into the Treasury of the United States.
Sec. 7. That the right to alter, amend, or repeal this act is herebySame as sec. 5. expressly reserved; and the right to require any changes in said structure, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. Approved, February 25, 1885.