Chapter 406.
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CHAP. 406.— An act authorizing the constructing of a bridge across the Osage River, at some accessible point in the county of Benton, in the State of Missouri.March 2, 1889. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Chicago. Saint Louis, Kansas City and Galveston Railway company may bridge Osage River, Mo. That the Chicago. Saint Louis, Kansas City and Galveston Railway Company, an incorporation organized under the laws of the State of Illinois, its assigns or successors, is hereby authorized to construct and maintain a bridge across the Osage River at such point as may hereafter be selected by said corporation in the county of Benton, 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 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 withoutSecretary of War to approve plans, etc. interference with the security and convenience of navigation of said 900 river: and in order to secure that object the 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 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 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 commenced or built: *Provisos*.*Provided*, That if the said bridge shall be built with unbroken and Spans.continuous spans they shall conform in length and height to the requirements of the Secretary of War: *And provided, also*, That if anyDraw. bridge built under this act shall be constructed as a drawbridge, the same shall 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 such length as the Secretary of War shall prescribe, and the head room under said bridge Opening draw.shall conform to the requirements of the Secretary of War: *Provided, also*, That said draw shall be opened promptly upon reasonable signal for the passing of boats; amt said company or corporation shall maintain, at its ownLights, etc. expense, from sunset till sunrise, such lights or other signals on said bridge as the light-house Board shall prescribe: *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 sunset till sunrise, such lights or other signals on said bridge as the light-house Board shall prescribe: *Provided also*,Use by other companies.
That all railroad 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 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 Decision of Secretary of War.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. 3. That the Secretary of War is hereby authorized and directed,Notification of approval of plans, etc. upon receiving the plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works 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 Changes, etc.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 Litigation.of the Secretary of War: 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 court of the United States of the district of the State of Missouri, in whose jurisdiction and portion of said obstruction or bridge may be located.
All changes in said bridge required at any time by the Secretary of War shall be made at the expense of the persons or corporation owning or controlling said bridge Sec. 4. That the said bridge and accessory works, when built andLawful 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 901 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 for suchPostal telegraph. postal and telegraph lines across said bridge as the Government may construct or control, and all telegraph and telephone companies shall have equal privileges as to said bridge. Sec. 6. That Congress shall have power at any time to alter, amend,Amendment, etc. or repeal this act. so as to prevent or remove all 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 *Proviso*.nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protectionExisting laws. of the navigation of rivers, or to exempt this bridge from the operation of the same.
Sec. 7. That this act shall be void if actual construction of theCommencement and completion. bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, March 2, 1889.