Chapter 628. to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Mississippi River at or near Muscatine, Iowa
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CHAP. 628.— An Act to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Mississippi River at or near Muscatine, Iowa.July 16, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Muscatine Bridge Company may bridge Mississippi River at Muscatine, Iowa. That the Muscatine Bridge Company, its successors and assigns, be, and they are hereby, authorized to construct and maintain a railroad, wagon, and foot-passenger bridge across the Mississippi River at a place suitable to 306FIFTIETH CONGRESS.
Sess. I. Ch. 628. 1888. the interests of navigation, at a point at or near the city of Muscatine, Iowa, and to lay on or over said bridge a track or tracks tor the more perfect connection of any railroad or railroads that are or shall be constructed to said river, oh either or both sides thereof, at or opposite said point, under the limitations and conditions hereinafter provided; that said bridge shall not interfere with the free navigation of said river Litigation.beyond what is necessary, and in case of any litigation arising from any obstruction or alleged obstruction to the tree navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in whose jurisdiction any portion of said bridge or obstruction may be.
Said bridge shall be constructed to provide Railway, wagon, and foot bridge.for the passage of railroad trains, and for the safe and convenient passage of wagons and vehicles of all kinds, animals, and foot passengers, for such reasonable rates of toll as may be fixed from *Proviso.*time to time by the Secretary of War: *Provided*, That the proviso regarding wagons, animals, foot passengers, and so forth, shall not affect the location of said bridge in its relation to the interests of Location.Construction.navigation.
Sec. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, be built as *provisos*.Spans.a draw-bridge or with unbroken and continuous spans: *Provided*, That, if the said bridge shall be made with unbroken and continuous spans, it shall have one or more channel spans, each having not less than three hundred and fifty feet clear channel-way, and not less than fifty-five feet clear headroom above high-water mark, and the clear headroom under other than channel-spans may be less than fifty-five feet: *Provided*, That no part of the superstructure of such spans Height, etc.shall give a less headroom than ten feet above high-water mark: *And provided further*, That the interests of navigation be not injured by such reduction in height: *And provided further*, That if any bridge built under the provisions of this act shall be constructed as a Draw.draw-bridge, the same shall be constructed as a pivot draw-bridge, which shall have two or more draw openings, each having not less than two hundred feet clear channel-way, and in addition to said draw-openings, shall have one or more fixed channel-spans, each having not less than three hundred and fifty feet clear channel-way: and every part of the superstructure of said low bridge shall give a clear headroom of not less than ten feet above high-water mark:
Location of spans.*Provided*, That all spans of both high and low bridges shall lie so located as to afford the greatest possible accommodation to the river traffic, and a draw opening of the low bridge shall, if practicable, be located next or near the shore: *Provided also*, That in case of a low Length of spans.bridge, if the physical characteristics of the locality so require, and the interests of navigation be not injured thereby, the lengths of the fixed spans, or the number of draw-openings, may be reduced: *Provided, also*,Draw openings.
That for any two adjacent draw-openings of two hundred feet one draw-opening of three hundred feet may be substituted, if the interests of navigation be not injured thereby; and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected, and the bridge itself at right angles Opening draw.thereto: *And provided, also*, That said draw shall be opened promptly upon reasonable signal for the passage of boats, except when trains are passing over the draw: but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains.
Sec. 3. That any bridge constructed under this act and accordingLawful structure and post-route. to its limitations shall be a lawful structure, and shall be known as a post-route and the same is hereby declared to be 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, and for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to said bridge: and equal privileges in the use of said bridge shall be granted to all telegraph companies: and FIFTIETH CONGRESS.
Sess. I. Chs. 628, 629. 1888.307 the United States shall have the right of way for postal-telegraphPostal telegraph. purposes across said bridge. Sec. 4. That all railway companies desiring to use said bridge shallOther companies may use. have and be entitled to equal rights and privileges in the passages of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditionsTerms. as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree.
Sec. 5. That the structure herein authorized shall be built andSecretary of War to approve plans, etc. located under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing 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 shoreline at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed of the stream, the location of any bridge or bridges, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navigation, the bridge shall not be commenced or 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; 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 suitableAids to navigation and proper structures for confining the How of water to a permanent and easily navigated channel, for a distance of not less than one mile above the bridge location, and for the guiding of rafts, steamboats, and other watercraft safely through the draw and raft spans, as the Secretary of War shall prescribe and order to be constructed and maintained at the expense of the company owning said bridge; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours of sunset to sunrise, such lights as may be prescribedLights. by the Light-House Board: and the said structure shall be changed or removed at the cost and expense of the owners thereof from time to time, as the Secretary of War may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification when the public good, in the judgment of the Secretary of War, so requires, without any expense or charge to the United States.
Sec. 6. That if actual construction of the bridge herein authorizedCommencement and completion. shall not be commenced within one year from the passage of this act. and be completed in three years from the same date, the rights and privileges hereby granted shall cease and be determined. Sec. 7. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved. Approved, July 16, 1888.