Chapter 331.
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/statutes-at-large/vol-24/chapter-331-122979·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 331.— An act authorizing the construction of bridges across the Illinois River, in the State of Illinois, and the Des Moines River, in the State of Iowa, 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 Illinois River at Lacon, Ill., and Des Moiues River, Iowa. That the assent of Congress is hereby given to the New York and Council Bluffs Railway Company, an organization incorporated under the laws of the States of Ohio, Indiana, Illinois, and Iowa, its successors or assigns, to construct bridges over the Illinois River at or near the town of Lacon, in the State of Illinois, and over the Des Moines River, in the State of Iowa, and in such county of said State of Iowa as said railway company may desire or find most practicable in the final location of its road.
Sec. 2. That said bridges shall be so constructed, either by draw,May be draw, span, or otherwise, not obstructing navigation. To be lawful structures and post-routes. span, or otherwise, that a free and unobstructed passage may be secured to all vessels and other watercraft navigating said rivers. Sec. 3. That any bridge built under this act and subject to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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 passengers or freight passing over said bridges, than the rate per mile paid for the transportation over the railroads or public highways leading to said bridges; and they shall enjoy the rights and privileges of other post roads of the United States.
Sec. 4. That if either of said bridges authorized to be constructed byDraws, lights, etc. this act shall be constructed as a drawbridge, the draw shall be opened promptly upon reasonable signals for the passage of boats; and said company or corporation shall maintain, at its own expense, from sunset until sunrise, such lights or other signals on said bridge or bridges as the Secretary of War shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at anytime substantially or materially obstruct the free navigation of said rivers; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such obstructions shall be removed and alterations made at the expense of the owner or owners of said bridge: *Provided*, That nothing in this act shall be so construed*Proviso*.
No repeal or modification of laws protecting navigation. Other companies entitled to use upon terms to be determined by Secretary of War. as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt any bridge erected under this act from the operations of the same. Sec. 5. That all railroad companies desiring the use of either of said bridges that may be erected under the provisions of this act 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 the payment of a reasonable compensation therefor; and in case the owner or owners of said bridge or bridges, and the several railroad companies, or any one of them, desiring such use, shall fail to agree 28 upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge or bridges, all matters of issue between them shall be decided by the Secretary of War, upon the hearing of the allegations and proofs of the parties.
Sec. 6. That any bridge authorized to be constructed under this actPlans, etc., to be subject to approval of Secretary of War. shall be built and located under and subject to such regulations for the security of navigation of said rivers as the Secretary of War shall prescribe; and to secure that object said company or corporation shall submit to the Secretary of War, a design and drawings of said bridge or bridges to be erected, for his examination and approval, and a map of its location, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and in all things shall be subject to such rules and regulations as may be prescribed by the Secretary of War; and until said plan and location of said bridge or bridges are approved by the Secretary of War said bridge or bridges shall not be built; and should any change be made in the plan of any such bridge or bridges authorized to be constructed under this act, during the progress of the work of construction, such change shall be subject to the approval of the Secretary of War.
Sec. 7. 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 structures, or their removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Sec. 8. That this act shall take effect and be in force from and after its passage. Approved, May 15, 1886.