Chapter 746. granting to the Aberdeen, Bismarck and Northwestern Railway Company the right to construct and maintain a bridge across the Missouri River, near Winona, Emmons County Dakota
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CHAP. 746.— An Act granting to the Aberdeen, Bismarck and Northwestern Railway Company the right to construct and maintain a bridge across the Missouri River, near Winona, Emmons County Dakota.August 6, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Aberdeen, Bismarck and North western Railway Company may bridge Missouri River near Winona, Dak. That the Aberdeen, Bismarck and Northwestern Railway Company, a corporation organized under the laws of the Territory of Dakota, is hereby authorized to construct and maintain a bridge across the Missouri River, at such point as may be hereafter selected by said corporation, within ten miles of Winona.
Emmons County. Dakota, due regard being had to the public convenience and welfare and to the necessities of business and commerce; and also to construct accessory works to secure the best practicable channel-way for navigation and to confine the flow of the water to a permanent channel at such point; and also to lay on and over such bridge a railway track, for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point: and said corporation mayRailway, wagon, and foot bridge. construct and maintain ways for wagons, carriages, and for foot-passengers. charging and receiving reasonable toll therefor, as may be approved from time to time by the Secretary of War.
Sec. 2. That the said bridge shall be constructed without interferenceSecretary of War to approve plans, etc. with the security and convenience of navigation of said river 368 beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said corporation shall submit to the Secretary of War, for his examination and approval, a design of and drawings for said bridge, and a map of the proposed location, giving, for the space of one mile above and one mile below such proposed location, the topography of the banks of the river, with shorelines and soundings, and such other information as may be required for a full understanding of the subject: and until the said plan and location of the bridge are approved by the Secretary of War the construction of said bridge shall not be *Provisos*.Spans.commenced: *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 extreme high-water mark, as understood at the point of location, to the lower part of the superstructure of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the main span shall be over the main channel of the river, and the piers of said bridge shall be parallel with the current of said river, and the bridge itself at right angles thereto: *And provided, also*, Draw.That if any bridge built under this act be constructed as a draw-bridge, it shall have a draw over the main channel of the river at an accessible and navigable point, and with a span or spans not less than three hundred feet in length in the clear: and no river spans shall be less than three hundred feet in length in the clear, and the headroom under such spans shall not be less than ten feet above extreme high-water mark; and the piers of said bridge shall be parallel with the current of said river, and the bridge itself at right angles thereto, that said draw shall be opened promptly upon reasonable signal for the passing of boats, barges and rafts, and said corporation shall Lights, etc.maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall Use by other companies.prescribe: *Provided also*, That all railroad companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all approaches thereto, under and upon such Terms.terms and conditions as shall be prescribed by the Secretary of War, in case the parties shall be unable to agree upon the same.
Sec. 3. That the Secretary of War is hereby authorized and directed,Notification of approval. upon receiving such plan and other information, and upon being satisfied that a bridge so built will conform to the requirements of this act. to notify the company that he approves of the same; and upon receiving such notification the said company may proceed to erect said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or accessory works during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War.
Sec. 4. That said bridge and accessory works, when built and constructedLawful structure and post-route. under this act according to the term sand 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 leading to said bridge: and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge.
Sec. 5. That the United States shall have the right of way forPostal telegraph. such postal-telegraph lines across said bridge as the Government may construct or control; and equal privileges in the use of said bridge shall be granted to all telegraph companies. 369 Sec. 6. That Congress shall have power at any time to alter, amend,Amendment. or repeal this act, so as to remove all material and substantial obstructions to the navigation of said river by the construction of said bridge and its accessory works, or to prevent such obstruction: and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of such bridge.
Sec. 7. That this act shall be null and void if actual constructionCommencement and Completion. of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, August 6, 1888.