Chapter 873.
1,652 words·~8 min read·
/statutes-at-large/vol-25/chapter-873A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 873.— An act to authorize the Winona and Southwestern Railway Company to build a bridge across the Mississippi River at Winona, Minnesota.August 13, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Winona and Southwestern Railway Company may bridge Mississippi River at Winona, Minn. That the Winona and Southwestern Railway Company, a corporation duly created and existing under the laws of the State of Minnesota, its successors or assigns, be, and they are hereby, authorized to construct and maintain a bridge, and approaches thereto over the Mississippi River, from any point within the present city limits of the city of Winona, in the State of Minnesota, to the opposite shore of said Railway, wagon, and foot bridge.river, in the State of Wisconsin.
Said bridge shall be constructed to provide for the passage of railway trains, and at the option of said corporation, its successors and assigns may be so constructed, to provide for and be used also for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for Tolls.such reasonable rates or tolls, to be fixed by said company, its successors or assigns: and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates of toll.
Sec. 2. Construction.That any bridge built under the provisions of this act may, at the option of the company building the same, be built as a *Provisos*.draw-bridge or with unbroken continuous spans: *Provided*, That if said bridge shall be constructed as a Draw-bridge, the same shall be Draw.constructed as a pivot Draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans giving a clear width of waterway of not less than two hundred feet on each side of the central or pivot-pier of the draw, 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 every part of the superstructure shall give a clear headroom of not less than ten feet above extreme high watermark: *Provided*, Location of spans.That all spans shall be so located as to afford the greatest possible accommodation to the river traffic, and a draw shall, if practicable, Low bridge.be located next or near shore: *Provided also*, That in case of a low bridge if the physical characteristics of the locality so require and the interests of navigation be not injured thereby, the length of the fixed spans or the number of draw openings may be reduced:
Draw-openings.*Provided also*, That for any two adjacent draw-openings of two hundred feet each, one draw-opening of three hundred feet may be substituted if the interests of navigation be not injured thereby; and not less than ten feet above extreme high water mark, and the piers of said bridge shall be parallel with the current of the river where said Opening draw.bridge shall be erected: *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: *And provided further*, That if any bridge built under the provisions of this act shall be constructed with Spans.unbroken continuous spans, it shall have one or more channel spans, each having not less than three hundred and fifty feet clear channelway, and not less than fifty-five feet clear head room above high water mark, and the clear head room under other than channel spans Height.may be less than fifty-five feet: *Provided*, That no part of the super structure of such spans shall give a less head room than ten feet Free navigation.above high water mark: *And provided further*, That the interests of navigation be not injured by such reduction in height: and the piers of said bridge shall be parallel with the current of the said river, and the main span shall be over the main channel of said river, and give a clear width of waterway of not less than three hundred and fifty feet.
Sec. 3. Railroad tracks. That the company constructing a bridge under the provisions of this act be, and they are hereby, authorized to lay on or FIFTIETH CONGRESS. Sess. I. Ch. 873. 1888.441 over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river on either or both sides thereof, at or opposite the point of location of said bridge, under the limitations and conditions herein: *Provided*, That said bridge shall not interfere with the free navigation*Proviso*.Unobstructed navigation. of said river, beyond what is necessary in order to carry into effect the rights and privileges hereby granted: and in case of any litigation arising from any obstruction or alleged obstruction to theLitigation. free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches.
Sec. 4. 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 charges shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or for passengers or freight passing over said bridge, than the rate per mile paid for the 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 the United States shall have the right of way for postal-telegraphPostal telegraph. purposes across said bridge.
Sec. 5. That all railways desiring to use said bridge shall have andUse by other companies. 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 the approaches thereto, under and upon such terms and conditions asTerms. shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. Sec. 6. 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 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 shore lines 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 other 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, inAids to navigation. the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of rafts, steamboats and other water craft 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 442FIFTIETH CONGRESS.
Sess. I. Chs. 873, 890. 1888. by law when the public good shall, in the judgement of Congress, or the Secretary of War, so require, without any expense or charge to the United States. Sec. 7. Commencement and completion.That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within two years and completed within four years from the date thereof. Sec. 8. Amendment.That the right to alter, amend, or repeal this act is hereby expressly reserved.
Approved, August 13, 1888. Chapter 890: to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of desertion. Chapter 890 25 Stat. 442 1888-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-23 50 1 public
Connections1 off-index
1 reference not yet in our index
- 25 Stat. 442
Citation graph
cites case law
Chapter 873
Stat.25 Stat. 442
Cites 1Cited by 0 across 0 sources