Chapter 775. to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Mississippi River at or near Dubuque, in the State of Iowa
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CHAP. 775.— An Act to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Mississippi River at or near Dubuque, in the State of Iowa.July 19, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Chicago, Burlington and Northern Railroad Company authorized to bridge the Mississippi River.Railroad, wagon, and foot bridge. That the Chicago, Burlington and Northern Railroad Company, its successors and assigns, be, and they are hereby, authorized to construct and maintain a railroad, wagon, and foot-passenger bridge across the Mississippi River at a suitable point in the-vicinity of the city of Dubuque, in the State of Iowa, and to lay on or over said bridge a railroad track or tracks for the. more perfect connection of any railroad or railroads that are or shall be constructed to said river, on either or both sides thereof, at or opposite said point, under the limitations and conditions hereinafter provided;
Free navigation not to be impaired.Litigation.that said bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigation arising from any obstruct ion or alleged obstruction to the free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction FORTY-NINTH CONGRESS.
Sess. I. CH. 775. 1886. 145 touches. Said bridge shall be constructed to provide for the passage of railroad trains, and for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be fixed from time to time by the SecretaryTolls.*Proviso.*Location. of War: *Provided*, That the proviso regarding wagons, animals, foot-passengers, and so forth, shall not influence the location of said bridge in its relation to the interests of navigation.
Sec. 2. That any bridge built under the provisions of this act may,Construction. at the option of the company building the same, be built as a drawbridge or with unbroken and continuous spans: *Provided*, That if the*Provisos.*Spans. said bridge shall be made with unbroken and continuous spans, it shall give clear headroom of not less in any case than fifty-five and one-half feet above extreme high-water mark, as understood at the point of location, nor shall the spans of said bridge give a clear width of waterway of less than two hundred and fifty feet, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and give a clear width of waterway of not less than three hundred feet: *And provided further*, That if any bridge built under the provisions of this act shall be constructed as a drawbridge, the same shall be constructed as a pivot drawbridge, withDraw. a draw over the main channel of the river at an accessible and navigable point, and with spans giving a clear width of waterway of not less than one hundred and sixty feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of waterway of not less than two hundred and fifty feet: *Provided*, That if the pivot-pier of said bridge shall be constructedLocation of pivot-pier. within less than four hundred and ten feet of the east shore of said river, the span constructed east of said pivot-pier may be less than two hundred and fifty feet, and said spans shall give clear headroom of not less than thirty feet above low-water mark, and not less than ten feet above extreme high-water mark and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected: *And provided also*, That said draw shall be opened promptly upon reasonableOpening draw. signal for the passage of boats, except when trains are passing over the draw; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. in the event that the bridge herein provided for, or any part thereof, shall be constructed within seven hundred and fifty feet south of the present bridge between Dubuque and East Dubuque, any expenditures that may hereafter be made by the owners of the bridge now constructed for the purpose of guarding against casualties by floods or ice, and made either north ofProtection against damage by floods or ice. the present bridge or around the piers of the same, shall be borne in equal parts by the two companies, respectively, and paid for as the work progresses; and any expenditures which have been made or that may be hereafter made for the purpose of complying with existing laws or laws hereafter enacted for the protection of navigation, by means of sheerbooms or otherwise, shall be borne equally by the two companies aforesaid: *Provided*, That in the location of the piers of said bridge, if made within seven hundred and fifty feet, due regard shall be had to the existing structure, and said piers shall be so constructed as not to increase the danger of the same either from floods or ice.
Sec. 3. That any bridge constructed under this act and according toTo be a lawful structure and post-route. its limitations shall be a lawful structure, and shall be 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, the troops, and the munitions of war of the United States, or for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to said bridge; and the United States shall have the rightPostal telegraph of way for postal-telegraph purposes across said bridge.
Sec. 4. That all railway companies desiring to use said bridge shallOther companies to have right of way. have and be entitled to equal rights and privileges in the passage of 146 FORTY-NINTH CONGRESS. Sess. I. Chs. 775, 776. 1886. 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 Secretary of War to prescribe terms.as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree.
Sec. 5. That the structure herein authorized shall be built and located under and subject to such regulations for the security of the Plans, etc., to be approved by Secretary of War.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 drawing 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 current 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 shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navigation 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; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours of Lights.sunset to sunrise, such lights as may be prescribed by the Secretary of War; and the said structure shall be changed or removed at the cost and expense of the owners thereof, from time to time as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law when the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States.
Sec. 6. Right to amend, etc., reserved. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, July 19, 1886.