Chapter 802. to authorize the Bellingham Bay Railway and Navigation Company to build certain bridgea in the Territory of Washington
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CHAP. 802.— An Act to authorize the Bellingham Bay Railway and Navigation Company to build certain bridgea in the Territory of Washington.July 28, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Bellingham Bay Railway and navigation Company authorized to build bridges, Washington Territory.Nooksack River.Skagit River.Still aquamish River.Snohomish River. That the Bellingham Bay Bail-way and Navigation Company, a corporation duly organized under the laws of Washington Territory, its successors or assigns, be, and is hereby, authorized to construct, maintain, and operate bridges, and approaches thereto, over the Nooksack River, in the county of Whatcom, the Skagit River, in the county of Skagit, and the Still aquamish and Snohomish Rivers, in the county of Snohomish, at the points where the said company’s lines of railways, as now projected, cross said rivers respectively; said bridges shall be constructed to provide for the passage of railway trains, and, at the option of said company by which the same or either Wagon and foot bridges.of the same shall be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, Tolls.for reasonable rates of toll to be fixed by said company; but such rates shall be reasonable rates, and the Secretary of War shall have the right from time to time to revise, prescribe, and fix the same.
Said company Right to cross Lake Union or Salmon Bay.shall also have the right to cross either Lake Union or Salmon Bay (sometimes called Shilshole Bay), or the waters between, or the canal built or to be built between said Lake Union and said bay. Said works Draw.to contain a draw of such width as shall accommodate the commerce passing through said waters, and to be built upon plans to be approved by the Secretary of War, as provided in section two of this act, and subject to be changed, enlarged, and altered from time to time as the Secretary of War or Congress shall from time to time direct, and as the exigencies of commerce may require.
Sec. 2. Plans subject to approval of Secretary of War. That the plan and location of any bridge the construction of which is hereby authorized shall be subject to the approval of the Secretary of War; and each of the same shall be so located as not materially to obstruct or impair the free navigation of such rivers respectively or said canal, and shall be built with piers parallel to the current, leaving the waterway unobstructed by riprap, or piling, or other obstructions, and shall have at the crossing of each of the main channels of said rivers or said canal (unless the same shall be built Draw.above the head of navigation) a draw of the width to be fixed by the Secretary of War, which shall be located at the points best calculated to accommodate commerce, to be determined by the Secretary of War; which draws shall at all times be opened promptly for passing vessels, upon reasonable signal, except when railway trains are passing over the same; and at all times during the season of navigation proper Lights.signal-lights shall be used and maintained, at the expense of the aforesaid company, its successors and assigns, to guide vessels approaching said *Proviso*.Construction to await Secretary of War’s approval.draws: *Provided*, That the construction of neither of said bridges shall be commenced until the plan location, and width of draw thereof has been approved by the Secretary of War, and the said company has been notified in writing of the same.
Sec. 3. To be lawful structure and post-route.Changes. That any bridge built under this act 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 than the rate per mile paid for the transportation over the railroad or public highways leading to such bridge; and it shall enjoy the rights and privileges of other post-routes in the United States.
And the said structures shall be changed, at the cost and expense of the owners thereof, or persons controlling or operating the same, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said rivers and bays; and the authority to erect and continue any and all said bridges shall be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require; and all such structures shall, upon such revocation, be removed, at the expense of the owners thereof, or the persons controlling and operating the same. 161 FORTY-NINTH CONGRESS.
Sess. I. Chs. 802-804. 1886. Sec. 4. That in case of any litigation arising from any obstructionLitigation. or alleged obstruction to the free navigation of said rivers and waters caused or alleged to be caused by said bridges or other obstructions, the case may be brought in the district court of the district where such obstruction is alleged to exist, unless meanwhile the portion of said Territory where said erection exists shall have been admitted into the Union as a State, in which case the same may be brought in the circuit court of the United States of such State: *Provided*, That nothing in*Proviso*.Navigation not to be impaired. 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 rivers, or to exempt said bridges from the operation of the same.
Sec. 5. That the right to alter, amend, or repeal this act is herebyRight to amend, etc., reserved. expressly reserved. Approved, July 28, 1886.