Chapter 352.
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/statutes-at-large/vol-24/chapter-352-264171·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 352.— An act to authorize the construction of a bridge over the Missouri River at the most accessible point between the mouth of the Femme Osage Creek and a point two miles above the city of Saint Charles, in the county of Saint Charles in the State of Missouri.May 17, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Saint Louis Kansas City Short-Lin e Railway Company authorized to bridge the Missouri River, near Saint Charles, Mo.
That the Saint Louis Kansas City Short-Line Railway Company, a corporation organized under the laws of the State of Missouri, and its assigns or successors, be, and they are hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Missouri River at the most accessible point between the mouth of the Femme Osage Creek and a point two miles above the city of Saint Charles, in the county of Saint Charles, in the Passage of Railway trains, wagons, etc.State of Missouri.
Said bridge shall be constructed to provide for the passage of railway trains, and at the option of the corporation or company by which it may be built, may be used for the passage of wagons and, vehicles of all kinds, for the transit of animals, and for Tolls.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 and subject to its limitationsTo be a lawful structure and post-route. 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 for passengers and freight passing over said bridge, than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of the other post-roads in the United States.
Sec. 3. That if said bridge shall be made with unbroken and continuousSpans. spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: *Provided*, *Provisos*.
Draw.That if the same shall be constructed as a drawbridge, the draw or pivot shall be over the main channel of the river at an accessible point, and 61 the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high watermark, as understood at the point of location to the lowest part of the superstructure of said bridge: *Provided also*, That said draw shall be opened promptlyLights, etc. upon reasonable signal for the passage of boats: and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
No bridge shall be erected or maintained under theFree navigation not to be obstructed. authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; 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 alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or alleged obstruction to the tree navigation of said river caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Missouri, in which any port ion of said obstruction orLitigation. bridge may be located; *Provided further*, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of the river, or to exempt this bridge from the operation of the same.
Sec. 4. That all railroad companies desiring the use of said bridge shallOther companies to have right of way. 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 payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies,Secretary of War to decide disagreement as to terms, etc. or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rides 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: *Provided*, That the provisions of*Proviso*. section two in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge.
Sec. 5. That any bridge authorized to be constructed under this actPlans, etc., to be approved by Secretary of War. shall be built and located under and subject to such regulations for the security of 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 shorelines at high and low water, the direction and strength of the currents 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 may 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.
Sec. 6. That the right to alter, amend, or repeal this act is hereby expresslyRight to amend, etc., reserved. reserved; and the right to require any changes in said 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, May 17, 1886.