Chapter 624. to authorize the construction of a bridge across the Mississippi River at or near the city of Oquawka, in the State of Illinois, and to establish it as a post-road
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CHAP. 624.— An Act to authorize the construction of a bridge across the Mississippi River at or near the city of Oquawka, in the State of Illinois, and to establish it as a post-road.July 16, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Chicago, Oquawka mid Kansas City Short Line Railway Company may bridge Mississippi River at Oquawka, Ill. That it shall be lawful for the Chicago, Oquawka and Kansas City Short Line Railway Company, a corporation organized under the laws of the State of Illinois, or its successors or assigns, to construct a bridge across the Mississippi River at a point suitable to the interests of navigation in the vicinity of the city of Oquawka, in the county of Henderson, State of Illinois: *Provided*, That a public necessity*Proviso*.Necessity, exists for said bridge; that said bridge may be constructed for railway and postal service, with single or double tracks for railway traffic, and which shall be under the conditions and limitations hereinafter specified.
Sec. 2. That said bridge shall not interfere with the free navigationFree navigation of said river beyond what may be necessary to carry into effect the rights and privileges herein granted; and in case of any litigation arising therefrom, such litigation may be tried and determined by any circuit court of the United States’ whose jurisdiction embraces either terminus of said bridge. Sec. 3. That the bridge hereby authorized to be constructed mustConstruction. be constructed either as a draw-bridge or of unbroken spans.
IfSpans. constructed of unbroken spans, then it shall have a clear headroom of not less than fifty-five feet above extreme high water, as understood and determined at the point of location. Nor shall any span of said bridge be less than two hundred and fifty feet in length, and the piers thereof shall be parallel with the current of the river. The main 300FIFTIETH CONGRESS. Sess. I. Ch. 624. 1888. span or spans shall be over the main channel or channels of the river and not less than three hundred and fifty feet in length.
In case said company shall elect to construct said bridge as a draw-bridge, the Draw.same shall be constructed as a pivot draw-bridge, with a draw over the main channel, with spans not less than two hundred feet in length in the clear on each side of the pivot-piers, and the next adjoining span or spans to the draw shall give a clear width of waterway of not less than three hundred and fifty feet, and the said bridge shall give a clear headroom of not less than ten feet at highest water: and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected.
And it is further provided that Opening draw.said draw shall open promptly, upon proper signal, for the passage of boats, except when trains are on said draw. Sec. 4. That any bridge constructed and properly maintained andLawful structure and post-route. managed under this act and according to its limitations shall lie a lawful structure, and shall be known as a post-road, and the same is hereby declared to be a post-road, over which no higher charge shall be made for the transmission of mails, troops, and munitions of war of the Government of the United States, or for passenger or freight passage over the same than the rate per mile charge for their transportation over the railroad or public highways leading to said bridge.
And equal privileges in the use of said bridge shall be granted to all telegraph companies. The United States shall have also the right of way over said Postal telegraph.bridge for postal-telegraph purposes. Sec. 5. That all railway companiesOther companies may use. desiring to use said bridge shall be entitled to equal rights and privileges in using the same, of the machinery and fixtures thereto belonging, and also of the approaches thereto, upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in interest, in case the parties in interest shall not be able to agree upon such terms and conditions.
Sec. 6. That said railway company before entering upon the constructionSecretary of War to approve plans, etc. of said bridge shall submit to the Secretary of War, for his examination and approval, plans and drawings of such structure, together with a map of the location thereof, for one mile above and one mile below said location, the topography of the banks of the river, the shorelines at high and low water, the direction and strength of the current of said river at all stages of water, showing also the bed of the river and the channel, with such other and further information as the Secretary of War may require for a full and satisfactory understanding of the subject, which said drawings and other information aforesaid shall be examined by him, and if he shall approve the same, he shall so notify the said railway company of such approval, and thereupon the said company may proceed to the erection of said bridge.
But, if the Secretary of War decides that the plans or location are such as to materially affect the interests of navigation, the bridge shall not be commenced or 1 milt. The Secretary of War may make such alterations in such plans as he may deem necessary to the better protection of navigation: and such alterations shall be adopted by said railway company, and the said bridge shall be constructed, with such aids to the passage of said bridge, in the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel for a distance of Aids to navigation.not less than one mile above, and a sufficient distance below the bridge site, and for the guiding of rafts, steamboats, and other water craft safely through or under said bridge, as the Secretary of War shall prescribe and order to be constructed and maintained at the expense of the company owning, controlling, or operating said bridge.
The said railway company may, at any time, make any alterationsAlterations deemed advisable to be made in such bridge, but must first submit such proposed alterations to the Secretary of War, and his approval shall be first had before they shall be authorized. FIFTIETH CONGRESS. Sess. I. Chs. 624, 625. 1888.301 Sec. 7. That the said bridge and accessory aids to navigation hereinFree navigation. authorized and provided for shall be so kept and managed at all times as to afford proper means and ways for the passage of vessels, rafts, and other water craft under or through it both by day and night.
There shall be displayed on said bridge from sunset to sunrise such lights and signals as may be directed by the Secretary ofLights, etc. War. And such changes may be made from time to time in the structure of said bridge as Congress may direct, at the expense of said railway, in order the more effectually to preserve the free navigation of said river; or the said structure shall be altogether removed if. in the judgment of Congress, the public good may require such removal, and without expense or charge to the United States.
Sec. 8. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved. Sec. 9. That this act shall take effect and be in force from and afterEffect. its passage. Sec. 10. That this act shall he null and void if actual constructionCommencement and completion. of the bridge authorized by this act be not commenced within one year and completed within two years from the date of this act. Approved, July 16, 1888.