Chapter 367. to authorize the construction of a railroad bridge over the Mississippi River at Grand Tower, Illinois
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CHAP. 367.— An Act to authorize the construction of a railroad bridge over the Mississippi River at Grand Tower, Illinois.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Construction of bridge across Mississippi, River at Grand Tower, Ill., authorized. That it shall be lawful for S. W. Fordyce. James H. Benedict, K. C. Kerens, William M. Senter, and Stephen A. Bemis, their associates, successors, or assigns, or any corporation which they may form for that purpose, under the laws of any State of the United States, or their or its successors or assigns, to construct and maintain a bridge, and approaches thereto over the Mississippi River at such point on said river at or near Grand Tower, in the State of Illinois, and to lay on and over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or shall 547 hereafter be constructed to the said river on either or both sides thereof, at or opposite said point, under the limitations and conditions hereinafter provided; said bridge may also, at the option of the owners thereof, be so constructed as to be used for the passage of wagons and vehicles ofRailway, wagon and foot bridge. all kinds, for the transit of animals of all kinds, anti for foot passengers, for such reasonable rates of toll as may be approved by the Secretary of War.
Sec. 2. That any bridge built under this act is subject to its limitations,To 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, troops, and the munitions of war or other property of the United States than the rate per mile paid for the transportation of the same over the railroads or public highways leading to the said bridge: and it shall enjoy the rights and privileges of other post-roads in the United States.
Sec. 3. That the bridge herein authorized shall be constructed as aSpans. high bridge with unbroken and continuous spans, the main span to be over the main channel of the river, with a clear width of not less than six hundred and fifty feet channel-way, to be measured at right angles to the current, at any and all stages of water. The other spans of said bridge shall have a clear width of channel-way as aforesaid of not less than five hundred feet, measuredHeight. at right angles to the current.
The main or channel span shall be at least eighty-five feet in height measuring from high water mark, as understood at the point of location, to the bottom chords of the bridge, and the other spans shall not be less than fifty feet in height measured in the same way. That the piers shall be built parallel with the current of the river at that stage of water which is most important for navigation; and riprapping or other protection for imperfect foundations which will materially lessen the waterway shall not be employed in the channel-ways of the high spans and piers which will produce crosscurrents or bars dangerous to navigation, and if, after construction, any piers or protection-walls are found to produce the above-mentioned effects, the nuisance shall be abated or corrected by or at the expense of the persons owning said bridge.
That the persons owning, controlling, or operating the bridge authorized by this act shall maintain, at their own expense, from sunset to sunrise, throughout the year, and during heavy fogs, such lights or other signalsLights. as the Light-House Board shall prescribe, and shall, during the season of navigation, have posted in a conspicuous place on or near the bridge the clear headroom tinder the channel-span on that day, the figures expressing this height to be not less than two feet high, and to be readily visible from any point in the channel of the river for a stretch of three thousand feet above and one thousand feet below the bridge.
No bridge shall lie erected or maintained under the 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,Not to obstruct navigation. and all such alterations shall be made and such obstructions removed at the expense of the owner or owners of said bridge; and in ease of any litigationLitigation. arising from such obstruction or alleged obstruction to the free passage or 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 any State in which any portion of said obstruction or bridge may be located.
Sec. 4. That all railroad companies desiring the use of said bridgeOther companies may use. shall have, and be entitled to, equal rights and privileges relative to the passage of railway trains over the same, and over the approaches to the same, upon payment of a reasonable compensation for such use;Compensation. and in ease the owner or owners of said bridge, and the several railroad companies, or any of them, desiring such use, shall fail to agree 548 upon the sum or sums to be paid, and upon rules and conditions which each shall perform in using said bridge, all matters at issue between Secretary of War to decide terms.them shall be decided by the Secretary of War upon hearing of the allegations and proofs of the parties.
Sec. 5. That any bridge authorized to be constructed under this act shall be, built and located under and subject to the regulations for the Secretary of War to approve plans, etc.security of said river as the Secretary of War shall prescribe; and to secure that object the owner or owners thereof 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 lino at high or low water, the direction and strength of the current at all stages, and the soundings actually 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 the full and satisfactory understanding of the subject, and until such plan and location of the bridge are approved by the Secretary of War, the bridge shall not be commenced or 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 if the construction of the bridge herein authorized shallTo be commenced in two years. not be commenced within two years from the passage of this act, and be completed in four years from the same date, the rights and privileges hereby granted shall cease and be determined. 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 structure, or its entire removal, at the expense of the owners thereof, whenever the Congress shall decide that the public interest requires it, is also expressly reserved.
Approved, March 3, 1887.