Chapter 215. to authorize foot and carriage or railroad bridges across the Mississippi River at Saint Paul, in the State of Minnesota
1,454 words·~7 min read·
/statutes-at-large/vol-23/chapter-215-459382·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 215.— An Act to authorize foot and carriage or railroad bridges across the Mississippi River at Saint Paul, in the State of Minnesota.July 5, 1884. *Be it enacted be the Senate and House of Representatives of the United States of America in Congress assembled*,Bridges across Mississippi River at St. Paul, Minn. That the common council of the city of Saint Paul, in the State of Minnesota, and its successors, are hereby authorized and empowered to erect, establish, and maintain, or authorize the erection, establishment, and maintenance, of one or more foot and carriage or railroad bridge or bridges across the Mississippi River, extending from such point or points to be selected as lie between the easterly and westerly boundaries of said city to a point or points on the opposite side of said river, now known as the sixth ward of said city; that said bridge or bridges shall not interfere with FORTY-EIGHTH CONGRESS.
Sess. I. Ch 215. 1884. 105 the free navigation of said river beyond what is necessary in order toFree navigation of river. carry into effect the rights and privileges hereby granted: and in case of any litigation arising from any obstruction or alleged obstruction toLitigation, where the free navigation of said river, the cause may be tried before the Federal court of the United States in the district in which such bridge or bridges may be situated. Sec. 2. That any bridge or bridges built under the provisions of thisDraw-bridge, or continuous spans. act may, by direction of said common council, be built as a draw-bridge, with a pivot or other form of draw, or with unbroken or continuous spans: *Provided*, That if said bridge or bridges shall be made with unbroken and continuous spans, it shall not be of less elevation in anyConstruction. case than fifty five and one half feet above extreme high water mark over the main channel of said river, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge or bridges give a clear width of waterway of less than two hundred and fifty feet, and the piers of said bridge or bridges shall be parallel with the current of said river, and the main span shall be over the main channel of the river and give a clear width of waterway of not less than three hundred feet. *And provided also*, That it any bridge or bridges built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw bridge, with a draw over the main channel of the river at an accessible and the best navigable point, and with spans giving a clear width of waterway of not less than one hundred and sixty feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of waterway of Hot 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 or bridges, and the piers of said bridge or bridges shall be parallel with the current of the river where said bridge or bridges may be erected: *And provided also*, That said draw*Proviso*. shall be opened promptly upon reasonable signal for the. passage of boats, vessels or other watercraft; *Provided however*, That no bridge or bridges 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 boomsSheer booms. or other proper protection to safely guide boats, vessels, rafts and other water crafts through said spans and at the expense of the city of Saint Paul, or of the persons or corporation constructing, owning, or operating said bridge Sec. 3 That any bridge or bridges constructed under this act and accordingDeclared a lawful structure.Transmission of mails, troops, etc., free of charge.Right of way for postal telegraph and telephone lines reserved. to its provisions and conditions shall be a lawful structure.or structures, over which may be transmitted the mails, troops, and the munitions of war of the United States free of charge; and the United States shall have the right of way for a postal telegraph and telephone lines free of charge across said bridge or bridges, and may declare the same to be a postal route.
Sec. 4 That the structure or structures herein authorized shall be build and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe not however to be in any wise inconsistent with any of the provisions or conditions of this act; and to secure that object the said common council shall submit to the Secretary of War, for his examination andPlans, etc., to be submitted to Secretary of War for approval. approval, a design and drawing of said bridge or bridges and other accessory works provided or in this act 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 shorelines 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 shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge FORTY-EIGHTH CONGRESS.
Sess. I. Chs. 215, 216. 1884. 106 or bridges and other accessory works provided for in this act are approved by the Secretary of War the bridge or bridges shall not be built; and should any change be made in the plan of said bridge or bridges during the process of construction, such change shall be subject to the approval of the Secretary of War; and the said structure or structures 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 or structures; and to secure the safe passage of vessels at night there shall be displayed on said bridge or bridges, from the hour of sunset to that of sunrise, such lights as may be prescribed by the Secretary Lights and signals.of War; and the said structure or structures shall be changed at the cost and expense of said city of Saint Paul, from time to time as Congress may direct, so as to preserve the free and convenient navigation of said liver; and the authority to erect and continue said bridge or bridges 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. 5. That it shall be the duty of the Secretary of War, on satisfactory proof that a necessity exists therefor, to require the company or persons owning said bridge to cause such aids to the passage of said bridge to be constructed, placed, and maintained, at their own cost and Booms, dikes, and piers; construction and maintenance of; penalty for failure.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 water craft 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. 6 Rights reserved. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any changes in such 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 5, 1884.