Chapter 381. for the construction of a bridge by the Duluth, Pierre and Black Hills Railroad Company across the Missouri River at Pierre, Dakota
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CHAP. 381.— An Act for the construction of a bridge by the Duluth, Pierre and Black Hills Railroad Company across the Missouri River at Pierre, Dakota.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Duluth, Pierre and Black Hills Railroad Company authorized to bridge Missouri River at Pierre, Dakota.Railway, wagon, and foot bridge. That the Duluth, Pierre and Black Hills Railroad Company, a corporation duly organized under the general incorporation laws of the Territory of Dakota, its successors and assigns, is hereby authorized to construct and maintain a bridge across the Missouri River at or near the city of Pierre, Hughes County, Dakota, and also to lay on and over said bridge a railway track or tracks for the passage of railway trains; and said corporation may construct and maintain ways for wagons, carriages, and foot-passengers, charging and receiving such reasonable tolls therefor as may be approved from time to time by the Secretary of War.
Sec. 2. That said bridge should be constructed and built withoutSecretary of War to approve plans, etc. interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said 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: *Provided*, That if the said bridge shall be made with*Provisos*.Spans. unbroken and continuous spans, it shall 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 lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than three, hundred feet in length; and the piers of said bridge shall be parallel with the current of said river and the bridge itself at right angles thereto, and the main span shall be over the main channel of the river and not less than three hundred feet in length: *And provided also*, That if any bridge built under this act shall be constructed as a drawbridge, the same shall be constructedDraw. as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than three hundred feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the headroom under all river spans shall not be less than ten feet above local high-water mark, and the piers of said bridge shall be built with the current of said river and the bridge itself at right angles thereto: *Provided also*, That said draw shall be opened promptly uponOpening draw. reasonable signal for the passing 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 BoardLights.Other companies may use. shall prescribe: *Provided also*, That all railway companies desiring to use said bridge shall have anti 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, uponSecretary of War to decide terms. hearing the allegations and proofs of the parties, in case they shall not agree.
Sec. 3. That the Secretary of War is hereby authorized and directedNotification o f approval. upon receiving such plan and map and other information, and upon being satisfied that the bridge built upon such plan, with such accessory works, and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection 562 of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and in case Litigation.of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in any court of the United States of the Territory of Dakota, of competent jurisdiction, in which any portion of said bridge may be located.
Sec. 4. That the said bridge and accessory works, when built andTo be a lawful structure anti post-route. constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge 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 than the rate per mile paid for the transportation over the railroads or public highways leading to such bridge: and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge.
Sec. 5. That the United States shall have the right of way for suchPostal telegraph. postal-telegraph lines across said bridge as the Government may construct or control. Sec. 6. That in the event of a failure of said company to constructForfeited if not built in five years. said bridge within a period of five years from the time of the passage and approval of this act, all rights and franchises granted herein shall be null and void. Sec. 7. That Congress reserves the right to alter, amend, or repeal this act at any time.
Approved, March 3, 1887.