Chapter 12. authorizing the construction of a bridge across the Missouri River at some accessible point in the County of Saint Charles in the State of Missouri, below the city of Saint Charles
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CHAP. 12.— An Act authorizing the construction of a bridge across the Missouri River at some accessible point in the County of Saint Charles in the State of Missouri, below the city of Saint Charles.February 17, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Saint Louis, Keokuk and Northwestern Railroad Company may bridge Missouri River at Saint Charles, Mo. That the Saint Louis, Keokuk and Northwestern Railroad Company, an incorporation organized under the laws of the State of Iowa, and owning and operating a railroad in the State of Missouri, its assigns or successors, is hereby authorized to construct and maintain a. bridge across the Missouri River at such point as may be hereafter selected by said corporation between the City of Saint Charles and the mouth of the Missouri River, in the County of Saint Charles, in the State of Missouri, as shall best promote the public convenience and welfare and the necessities of business and commerce, and also to construct accessory works to secure the best practicable channel-way for navigation and confine the flow of the water to a permanent channel at such point, and to lay on and over said bridge one or more railroad tracks for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point.
Sec. 2. That said bridge shall be constructed and built without interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the Secretary of War to approve location, plans, etc.said company or corporation 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 the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shorelines to high and low water, 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 *Provisos.*Spans.built: *Provided*, That if the said bridge shall be made with unbroken and continuous spans, it shall have three or more channel spans, and 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 lowest part of the superstructure, nor shall the spans of said bridge be less than three hundred feet in length, 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 not less than three hundred feet in length: *And provided also*, That if any bridge built under this act Draw.shall be constructed as a drawbridge, the same shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the headroom under such span shall not be less than ten feet above Opening draw.high-water mark: *Provided also*, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from Lights.sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: *Provided also*, That all railroad Other roads to have right of way.companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway 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 Pay for use.to agree upon the sum or sums, to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be de- FIFTIETH CONGRESS.
Sess. I. Chs. 12, 13. 1888.35cided by the Secretary of War, upon a hearing of the allegations and proofs of the parties. Sec. 3. That the Secretary of War is hereby authorized and directed,Notification of approval of location, etc. upon receiving such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War, and in case of any litigationLitigation. 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 of the eastern district of the State of Missouri, in whose jurisdiction any portion of said obstruction or bridge may be located.
Sec. 4. That the said bridge and accessory works, when built andTo be lawful structure and post-route. constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge 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 railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States.
Sec. 5. That the United States shall have the right of way forPostal telegraph. such postal and telegraph lines across said bridge as the Government may construct or control. Sec. 6. That Congress shall have power at any time to alterRight to amend, etc., reserved. amend, or repeal this act. so as to prevent or remove all maternal and substantial obstructions to the navigation of said river by the construction of said bridge and its accessory works: and all alterations of said bridge shall be made and all such obstructions shall be removed at the expense of the owners of or persons controlling such bridge: *Provided further*, That nothing in this act shall be so construed*Proviso.* as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers,Protection of navigation. or to exempt this bridge from the operation of the same.
Approved, February 17, 1888.