Chapter 811. to give the assent of Congress to the construction of a bridge- by the municipalities of Menominee, Michigan, and Marinette, Wisconsin, over Menominee River
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CHAP. 811.— An Act to give the assent of Congress to the construction of a bridge- by the municipalities of Menominee, Michigan, and Marinette, Wisconsin, over Menominee River.July 29, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Menominee, Mich., and Marinette, Wis., authorized to bridge the Menominee River. That the assent of Congress is hereby given to the municipalities of Menominee, in the State of Michigan, and Marinette, in the State of Wisconsin, to construct and maintain a bridge, and approaches thereto, over the Menominee River, between the States of Michigan and Wisconsin, at a point to be determined by said municipalities, not to exceed one and one-fourth miles from the mouth of said river.
Sec. 2. To be a lawful structure and post-route. That any bridge built under the provisions of this act and subject to its limitations shall be a lawful structure and recognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States: *Provided*, That the United States Postal telegraph.may construct a postal telegraph over said bridge without charge therefor. Sec. 3. That if said bridge shall be built with unbroken and Spans.continuous spans, the spans thereof shall be of such width and height above- the water as may be prescribed by the Secretary of War, and the main span shall be over the main channel of the river, and the bridge shall be at right angles to and its piers parallel with the current of the river: *Proviso*.Draw.*Provided*, That if the same shall be constructed as a drawbridge, the draw or pivot shall be over the main channel at an accessible point, and the spans shall be of such width and height above the water as may be prescribed by the Secretary of War, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of Opening draw.the river: *Provided also*, That the said draw shall be opened promptly by Lights, etc.said municipalities upon reasonable signal for the passage of boats;, that sheer-booms shall be constructed by said municipalities; and that said municipalities shall maintain, at their own expense, from sunset to sunrise,such lights or other signals on said bridge as the lighthouse Board shall prescribe.
No bridge shall be erected or maintained under Free navigation not to be impaired.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 such bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of said corporation; and Litigation.in case 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 the circuit court of the United States for the western district of Michigan or the eastern district of' Wisconsin, in which any portion of said obstruction or bridge may be Laws to protect navigation not repealed.located: *Provided further*, That nothing in this act shall be so constued. 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 the bridge herein authorized to be constructed from the operations of the same.
Sec. 4. Secretary of War to approve plans, etc. That any bridge authorized to be constructed under the provisions of this act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary 169 FORTY-NINTH CONGRESS. Sess. I. Chs. 811, 812, 816. 1880. of War shall prescribe; and to secure that object the said municipalities 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 a space of one mile above the proposed location, and below said location to the shore of Green Bay, at the month of said river, 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; 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. 5. 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 Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 29, 1886.