Chapter 778. to provide for the construction of a bridge across the west channel of the Detroit River to connect Belle Isle Park with the mainland
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CHAP. 778.— An Act to provide for the construction of a bridge across the west channel of the Detroit River to connect Belle Isle Park with the mainland.July 20, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,City of Detroit authorized to bridge Detroit River between the city and Belle Isle Park. That the assent of Congress is hereby given to the municipality known as the city of Detroit, a body corporate existing by and under the laws of the State of Michigan, to erect a bridge across the Detroit River between any point on the northwestern bank of said river within the limits of said corporation aforesaid and the island in the Detroit River heretofore known as Belle Isle, and now known and designated as Belle Isle Park, the said bridge to be devoted to such general use as may be prescribed by the municipal authorities of the city of Detroit.
Sec. 2. That the bridge authorized to be erected by this act shall beNot to obstruct navigation.Draw. so located and constructed that the channel of said Detroit River shall not be unreasonably obstructed, but that a draw or pivot span of not less than one hundred and twenty-five feet clear opening on each side of the pivot-pier shall be located over the above-specified channel in such a manner that one or both of the openings of said draw or pivot span can be conveniently and safely reached and passed by boats pursuing the ordinary channel of the river: that one opening at least of a draw or pivot span shall be over the best and most convenient channel of the river for such classes of river traffic as shall find it convenient to use said channel.
Sec. 3. That the height at which said bridge shall be constructedHeight. above the surface of the river shall be such as may be approved by the Secretary of War. Sec. 4. That all draw or pivot spans authorized by this act shall beDraw to be operated by steam. operated by steam or other reliable mechanical power, and shall be opened promptly upon such signals as are now prescribed by law for the passage of boats through draw or bridges, and such other and further regulations as may be prescribed in the premises.
Sec. 5. That piers upon which said bridge is built shall be parallelPiers. with the current of the river, and so as to avoid producing crosscurrents or bars dangerous to navigation; and if, after construction, any piers are found to produce the above mentioned effects, the nuisance shall be abated or corrected by or at the expense of the corporation owning or operating said bridge, and when advised by the Secretary of War. Sec. 6. That it shall be the duty of the municipal corporation authorizedLights. to erect a bridge under this act to maintain, at its own expense, from sunset to sunrise of each day throughout the season of navigation, and during heavy fogs, such lights on the bridge as may be required by the Light-House-Board for the security of navigation.
Sec. 7. That any bridge constructed under this act and according toTo be lawful structure and post-route. its limitations shall be a lawful structure, and shall be recognized and known as a post-route, over which the mails, troops, and munitions of war of the United States may be transported at no higher charge than is made for transportation of said mails, troops, and munitions of war over railroads and public highways leading to said bridge; and the United States shall have the right of way for postal telegraph linesPostal telegraph. and appliances across said bridge.
Sec. 8. That before commencing work on the bridge contemplatedSecretary of War to approve plans, etc. in this act it shall be the duty of the municipal authorities of the city of Detroit to submit to the Secretary of War, for his examination, a design and drawing of the bridge and piers, and a map of the location, giving, for the space of one-half mile above and one-half mile below the proposed location, the topography of the banks of the river, the shorelines at high and low water, the direction of the current, and soundings showing accurately the bed of the stream, and such other and further information as the Secretary of War may require for a full and satisfactory understanding of the subject.
Sec. 9. That when the Secretary of War is satisfied that the provisionsConstruction to begin when Secretary of War i s satisfied as to plans, etc. of this act have been complied with in the matter of location and the submission of plans, the building of the piers may at once 148 FORTY-NINTH CONGRESS. Sess. I. Chs. 778, 779. 1886. commence; but if it shall appear that the conditions prescribed by this act cannot be complied with at the location where it is desired to construct the bridge, the Secretary of War shall, after considering all Remonstrances.remonstrances filed against the building of said bridge, and furnishing copies of remonstrances to the board of engineers provided for in this act, detail a board of experienced engineers from the Engineer Corps of the United States Army to examine the case, and may, on their recommendation, authorize and direct such modifications as appear necessary.
Sec. 10. That the Secretary of War may, in his discretion, appoint Board of Army engineers to supervise the work.one or more Army engineers to supervise and personally examine the construction of said bridge; and that the proposed bridge shall only be a lawful structure when built as approved by the Secretary of War, who shall have authority, by and with the advice of the engineers detailed by him, to order such change in construction or appliances as he may deem necessary for the safety of said bridge and the convenience of navigation.
Sec. 11. Litigation. That in case of any litigation from any obstruction, or alleged obstruction, to navigation created by the construction of any bridge under this act, the cause or question arising may be heard by the District Court of the United States of any State in which any portion of said obstruction or bridge touches. Sec. 12. That the municipal laws and ordinances of the city of Detroit Municipal laws to extend to bridgemay be enforced on said bridge, and the care, control, and the use of the same shall be governed by ordinances of the city enacted, as though said bridge was a public street in said city.
Sec. 13. That the right to alter, amend, or repeal this act, and to Right to amend, etc., reserved.require the removal of material obstructions to navigation by the construction of any bridge under its provisions, is hereby expressly reserved, without any liability of the Government for damages on account of such alterations, amendment, or repeal, or on account of the prevention or the requiring of the removal of any such obstruction; and if any change be made in the plan of any bridge constructed under this act, during the progress of the work thereon or before the completion of said bridge, such change shall be subject to the approval of the Secretary of War; and any change in the construction or any alteration of any such bridge, and the removal of any such obstruction, that may be directed at any time by Congress or the Secretary of War, shall be made at the cost and expense of the owners of the said bridge.
Approved, July 20, 1886.