Chapter 338. authorizing the construction of a bridge across the Red River of tile North
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CHAP. 338.— An Act authorizing the construction of a bridge across the Red River of tile North.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Crookston Southwestern R. R. Co. may bridge Red River of the North between Minnesota and Dakota. That the assent of Congress is hereby given to the Crookston Southwestern Railroad Company, it corporation existing under the laws of the State of Minnesota, and to its successors and assigns, to construct and maintain a pivot drawbridge, and approaches thereto, across the lied River of the North, between the State of Minnesota and the Territory of Dakota, at such point on said river, on the boundary-line between Polk County, in the State of Minnesota, and the Territory of Dakota, as may accommodate the lines of railroad which said corporation may build to said point.
Said bridge Railway, wagon, and foot bridge.shall be constructed to provide for the passage of railway trains, and, at the option of the said corporation, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for reasonable rates or tolls to be fixed by the Tolls.Secretary of War; and the Secretary of War shall have the right, from time to time, to revise such rates or tolls. Sec. 2. That any bridge built under this act shall be constructed as aConstruction.Draw. pivot drawbridge, with a draw over the main channel at an accessible and the best navigable point, and with spans giving a clear waterway, measured at the lowest stage of water known at the locality, of not less than eighty feet in the dear on each side of the central or pivot pier of the draw; and provision shall be made in the height of the bridge, and in the location and construction of abutments and approaches, to allow the free passage of floodwater; and the piers of said bridge shall be parallel to and the bridge itself at right angles to the current of said *Proviso*.Opening draw.river: *Provided*, That said draw shall be opened promptly upon reasonable signal for the passage of boats and other watercraft, except when trains are passing over said draw; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of Lights, etc.trains; and said corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
The said bridge shall be located and built under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and Aids to navigation.said corporation shall provide, at its own expense, such sheer-booms, guide-piers, or other device as may be necessary to facilitate the safe passage of boats or other watercraft through the spans of said bridge; Plans, etc., to be approved by Secretary of War.and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, a design and drawings of said bridge, and a map of the location, giving, for the space of one mile below and one mile above 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 and channel of the stream, and shall furnish 475 such other information as shall be required for a full and satisfactory understanding of the subject; and until the said location and plan of the bridge hereby authorized to be constructed are approved by the Secretary of War the said bridge shall not be built; and should any change be made in the plan of such bridge during the progress of construction thereof, such change shall be subject to the approval of the Secretary of War; and in case of any litigation arising from the obstructionLitigation. or alleged obstruction caused by said bridge to the free navigation of said river, the cause may be tried before the circuit, court of the United States in whose jurisdiction any portion of said bridge is located Sec. 3.
That, all railroad companies desiring the use of the bridgeOther companies may use. constructed under this act shall have and be entitled to equal rights and privileges relative to the passage of railway trains, cars, and locomotives over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use, to be fixed by theCompensation. Secretary of War, in case the owner or owners of the said bridge and the several railroad companies, or any of them desiring such use, shall fail to agree upon the sum or sums to be paid; and the Secretary of War shall prescribe the rules and conditions to which each shall conform in using said bridge, and all matters of difference between themSecretary of War to decide disagreements. shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties Sec. 4.
That, the bridge authorized to be constructed under this actTo be a lawful structure and post-route. shall be a lawful structure, and shall be recognized and 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 the same of the mails, groups, and munitions of war of the United States, or for through rail way passengers or freight passing over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and the.
United States shall have the right, of way acrossPostal telegraph. said bridge and its approaches for postal telegraph purposes. Sec. 5. That the right to alter, amend, or repeal this act, so as toRight to amend, etc., reserved. prevent or remove all material and substantial obstructions to the navigation of said river by the construction of the said bridge, is hereby expressly reserved; and any alterations or changes that maybe required by Congress in the bridge constructed under this act shall be made by the corporation owning or controlling the same, at its own expense; and if said bridge, shall not be finished within two years from 1 he passage of this act, the rights and privileges hereby granted shall be null and void.
Approved, March 3, 1887.