Chapter 91. authorizing the construction of a bridge over the Mississippi River at Saint Louis, Missouri
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CHAP. 91.— An Act authorizing the construction of a bridge over the Mississippi River at Saint Louis, Missouri.Feb. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Saint Louis Merchants’ Bridge Company authorized to bridge the Mississippi River. That the consent of Congress is hereby given to the Saint Louis Merchants’ Bridge Company of Saint Louis, Missouri, a corporation created by the laws of the State of Illinois, or its assigns or successors, or any legally incorporated railroad company or companies which may be associated with it therein, to build a bridge as hereinafter described, and maintain the same, across the Mississippi River at some suitable point between the present Saint Louis bridge known as the Eads Bridge, Saint Clair County, Illinois, and the mouth of the Missouri River: *Provided*, That no bridge shall be *Proviso*.Location.constructed across the Mississippi River within two miles above or two miles below the bridge heretofore constructed and known as the Eads bridge.
Said bridge shall be constructed to provide for the passage ofRailway, foot, and wagon bridge. railway trains, and, at the option of the persons by whom it may be built, may be used for the passage of wagons and vehicles, for the transit of animals, and for foot-passengers. Sec. 2. That any bridge built under this act and subject to its limitationsTo be lawful structure and post-route. 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 the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States.
Sec. 3. That if the bridge shall be made with unbroken and continuousConstruction, spans, it shall have at least two channel-spans of not less than five hundred feet clear width each, and one span of three hundred feet clear width of channel-way: *Provided*, That said bridge may have two spans of*Proviso*.Spans. not less than seven hundred and fifty feet each clear width of channel 376 way, if thought best, instead of three spans as aforesaid, the said channel-ways to be measured at right angles to the current at any and all stages of water; and said span or spans shall not be of less elevation in any case than fifty feet above high-water mark, as understood at the point of location, to the bottom chords of the bridge, and the piers of said bridge shall be parallel with the current of the river, and. there shall not be less than fifty feet at high-water mark from the surface of the water to the bottom chords of said bridge.
Sec. 4. That the piers of all high channel-spans shall be builtPiers. parallel with the current of the river at that stage of water which is most important for navigation; and riprapping or other protection for imperfect foundations which will materially lessen the waterway shall not be employed in the channel ways of the high spans, and piers which will produce crosscurrents or bars dangerous to navigation shall not be constructed; and if, after construction, any piers or protection-walls are found to produce the above-mentioned effects, the nuisance shall be abated or corrected by or at the expense of the persons owning said bridge.
Sec. 5. That in case the approaches to channel-spans, or raft-passagesAids to navigation. in said bridge be found dangerous or difficult of access by any important class of river traffic, the Secretary of War shall order the construction of such sheer-booms, guide-piers, or other similar device as will obviate the difficulty, which sheer boom, guide-pier, or other device shall be paid for by the persons owning or operating said bridge. Sec. 6. That the persons owning, controlling, or operating the bridgeLights, etc. authorized by this act shall maintain, at their own expense, from sunset to sunrise, throughout the year, and during heavy fogs, such lights or other signals as the Light-House Board shall prescribe, and shall, during the season of navigation, have posted in a conspicuous place on or near the bridge the clear headroom under the channel-span on that day, the figures expressing this height to be not less than two feet high, and to be readily visible from any point in the channel of the river for a stretch of three thousand feet above and one thousand feet below the bridge.
Sec. 7. That no bridge shall be erected or maintained under the authorityFree navigation not to be impaired. 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 the persons owning or controllingLitigation. said bridge; and 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 courts of the United States of Missouri or Illinois in whose jurisdiction any portion of said bridge may be located.
Sec. 8. That all railroad companies desiring the use of said bridgeRight of way to railroads. shall have and be entitled to equal rights and privileges relative to the passage of rad way trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon the rules and conditions to which each shall Secretary of War to decide disagreements.conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
Sec. 9. That any bridge authorized to be constructed under this actPlans, etc., to be approved by Secretary of War. shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings- 377 of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location of the bridge, the topography of the banks of the river, the shorelines at high and low water, the direction and strength of the current at low, medium, and high-water 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 changes 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. 10. That in case the construction of the bridge authorized in thisTo be finished in two years. act be not commenced within two years and completed within seven years from the date of its approval, then this act shall be null and void. Sec. 11. That whereas a principal reason forgiving authority toPooling of earnings forbidden. build the bridge herein contemplated is to secure reasonable rates and tolls for corporations and individuals for passing over the same, the Saint Louis Merchants’ Bridge Company, or its successors or assigns, shall not agree or consent to the consolidation of this bridge with any other bridge across the Mississippi River, or to the pooling of the earnings of this bridge company with the earnings of any other bridge company on said river, nor shall any person who is or may be a stockholder or director or manager of any other bridge over said river be a stockholder or director or manager of the bridge herein provided for: *Provided*, *Proviso*.Violation to forfeit franchise.That if this provision of this act shall at any time be violated in any of these particulars, such violation shall, without legal proceeding, at once forfeit the privilege hereby granted, and said bridge shall become the property of the United States, and the Secretary of War shall take possession of the same in the name and for the use of the United States.
Sec. 12. That the right to alter, amend, or repeal this act is herebyRight to amend, etc., reserved.*Proviso*. expreesly reserved. *And it is further provided* that no bridge shall be constructed across the Mississippi River within two miles above or two miles below the bridge herein authorized. Approved, February 3, 1887.