Chapter 330.
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/statutes-at-large/vol-24/chapter-330-115597·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 330.— An act authorizing the construction of a bridge across the Mississippi River at or near Keithsburg, in the State of Illinois, and for other purposes.May 15, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,New York and Council Bluffs Railway Company authorized to bridge the Mississippi River, at Keithsburg, Ill. That the assent of Congress is hereby given to the New York and Council Bluffs Railway Company, a corporation duly created and organized under the laws of the States of Ohio, Indiana, Illinois and Iowa, or its successors or assigns, to build a bridge across the Mississippi River at such point on said river at or near Keithsburg, in the State of Illinois, as may accommodate lines of railroad which said corporation may build to said point on the said Mississippi River, or to a point on the west bank of said river in the State of Iowa, opposite to said point at or near Keithsburg, in the State of Illinois, and to layout or over said bridge a railroad track or tracks, for the more perfect connection of any railroad or railroads that are or shall be constructed to said river, on either or both sides thereof, at or opposite §aid point, under the limitations and conditions hereinafter provided;Free navigation not to be interfered with.
Litigation. 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 case of any litigation arising from any obstruction or alleged obstruction to the free naviga- 26 tion of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches. Sec. 2. That any bridge built under the provisions of this act may,May be either drawbridge or unbroken span. *Provisos*. at the option of the company building the same, be built as a drawbridge or with unbroken and continuous spans: *Provided*, That if the said bridge shall be made with unbroken and continuous spans, it shall Height and spans if not a drawbridge.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 give a clear width of waterway of less than two hundred and fifty feet, 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 give a dear width of waterway of not less than three hundred feet: *And provided further*, Draw.That if any bridge built under the provisions of this act shall be constructed as a drawbridge, the same shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and 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 Spans.or pivot pier of the draw; and the next adjoining span or spans to the draw shall give a clear width of waterway of not less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low-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 shall be erected: *And provided also*, That said draw shall be opened promptly upon reasonable signal for the passage of boats.
Sec. 3. That any budge constructed under this act and according toTo be a lawful structure and post-route. its limitations shall be a lawful structure, and shall be known as a post-route, and the same is hereby declared to be a post route, upon which also no higher charge shall be made for the transmission over (be 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 railroads and public Postal telegraph.highways leading to said bridge; and the United States shall have the right of way for postal-telegraph purposes across said bridge.
Sec. 4. That all railway companies desiring to use said bridge shallOther railway companies may use the bridge, upon terms to be prescribed by Secretary of War. have and be entitled to equal rights and privileges in the passage 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 locatedPlans, etc., to be subject to approval of Secretary of War. under and subject to such regulations for the security of the 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 the 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, and 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 are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plan of said bridge, during the progress 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 for the safety of vessels passing at night there shall be Lights.displayed on said bridge, from the hours of sunset to sunrise, such 27 lights as may he prescribed by the Secretary of War.
And the said structure shall be changed or removed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river: and the authority to erect and continue said bridge shall be subject to revocation and modification by law when 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 of this act is herebyRight to amend, etc., reserved. expressly reserved.
Sec. 7. That this act shall take effect and be in force from and after its passage. Approved, May 15, 1886.