Chapter 15. to authorize the construction of a bridge across the Saint Louis River at the most accessible point between the States of Minnesota and Wisconsin
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CHAP. 15.— An Act to authorize the construction of a bridge across the Saint Louis River at the most accessible point between the States of Minnesota and Wisconsin.Jan. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Saint Paul and Duluth Railroad Company authorized to bridge St. Louis River between Minnesota and Wisconsin. That the Saint Paul and Duluth Railroad Company, a corporation organized and existing in the State of Minnesota, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Saint Louis River, between the States of Minnesota and Wisconsin, at the most feasible point in the State of Minnesota in section seventeen, town forty-nine north, of range fourteen west, to a point opposite in the State of Wisconsin in section seventeen, town forty-nine north, of range fourteen west.
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 Railroad, wagon, and foot bridge.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 to time by the Secretary of War. Sec. 2. That any bridge built under this act shall be constructed andFree navigation pot to be impaired. 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; 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 of the water to a permanent channel at said point, shall submit to the Secretary of War a Plans, etc., to lie approved by Secretary of War.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 distance of a mile above and below the site, together with all other information 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.
Sec. 3. That any bridge built under this act shall be constructed asDraw. a pivot drawbridge, with a draw over the main channel of the river at an 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 *Provisos*.Opening draw.central or pivot pier of the draw: *Provided*, 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 Aids to navigation.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 water craft through said draw-spans, and at the expense of the company or corporation erecting said bridge; and said company or corporal ion shall maintain,Lights. at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Secretary of War shall prescribe.
Sec. 4. That the Secretary of War is hereby authorized and directed,Approval of Secretary of War. upon receiving any such plan and map and other information, and upon being satisfied that abridge built on such plan and with such accessory 357 works and at snob locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approve 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. 5. That any bridge and accessory works, when built and constructedTo 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 beCharges. recognized and known as a post-route, upon which also no greater charge shall be made for the transmission over the same of the mails, the troops, and 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 have the right of way for postal-telegraph and telephone lines, free ofPostal telegraph. charge, across said bridge. Sec. 6. That all railroad companies desiring the use of said bridgeOther companies to have right of way. shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such 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 agreeDisagreement as to terms to be decided by Secretary of War. upon the sum or stuns 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.
Sec. 7. That it shall be the duty of the Secretary of War to requireCompany to provide aids to navigation. the company 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 forms 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 toAttorney-General to bring suit in ease of failure. institute, in the name of the United States proceedings in any circuit court of the United States for the circuit 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. 8. That the right to alter, amend, or repeal this act is herebyRight to amend, etc., reserved. 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, January 3, 1887.