Chapter 163. for the construction of a railroad and wagon bridge across the Mississippi River at South Saint Paul, Minnesota
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CHAP. 163.— An Act for the construction of a railroad and wagon bridge across the Mississippi River at South Saint Paul, Minnesota.April 26, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,South St. Paul Belt Railroad Company may bridge Mississippi River at South Saint Paul, Minn. That the South Saint Paul Belt Railroad Company, its successors and assigns, be, and they are hereby, authorized to construct and maintain, at a point suitable to the interest of navigation, a railroad bridge or a combined railroad, wagon, and foot-passenger bridge across the Mississippi*Post*, p. 788.
River, from a suitable point on its west bank, at or near the city of South Saint Paul, in the State of Minnesota, and within the limits of section thirty-five, township twenty-eight, range twenty-two west, to a. corresponding point on its west bank, and to lay on or 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 said places, under the limitations and conditions hereinafter provided: that said bridge shall not interfere with the free navigation of said river beyond what isFree navigation. 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 the free navigation of said river, or damage resulting from the same, the cause may be tried before the circuit courtLitigation. of the United States in and for any district in which any portion of said bridge or obstruction touches; said bridge may. at the option of the company building the same, be constructed to provide for the passage of railroad trains alone or for the passage of railroad, trains and for the safe passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, all for such reasonableRailway, wagon, and foot bridge.Tolls. rates of toll as may be fixed from time to time by the Secretary of War. 70FIFTY-FIRST CONGRESS.
Sess. I. Ch. 163. 1890. Sec. 2. Pivot draw. That any bridge built under the provisions of this act shall be constructed as a pivot drawbridge with a draw over the main Spans.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 span or Width.spans adjoining the draw shall give such clear width of waterway as in the opinion of the Secretary of War are required by the interests Height.Piers.of navigation, and said spans shall give a clear headroom of not less than ten feet above extreme high watermark; and the piers of said bridge shall be parallel with the current of the river where said bridge *Proviso*.Openlug of draw, etc.shall be erected: *And provided tdso*.
That said draw shall be operated by steam or other reliable mechanical power and 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. Lawful structure and post-route. That any bridge constructed under this act and according 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, or 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 the United Postal telegraph.States shall have the right of way for postal telegraph purposes across said bridge.
Sec. 4. Use by other companies. That all railway 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 fixtures and machinery thereof, Terms.and of all the approaches thereto, under and upon such terms and conditions 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. Secretary of War to approve plans, etc.
That the structure herein authorized shall be built and 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 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 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 changes shall be subject to the approval of the Secretary of War; and the Aids to navigation.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 not less than one mile above the bridge and for a proper distance below, and for the guiding of rafts, steamboats, and other water crafts 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 FIFTY-FIRST CONGRESS.
Sess. I. Chs. 163-165. 1890.71 at night there shall be displayed on said bridge, from the hours of sunset to sunrise, such lights as may be prescribed by the SecretaryLights.Water stage record. of War; and a record shall be kept, and posted where it will be plainly visible to boats passing the draw, showing each day the stage of water and whether the river is rising or falling: and the said structure shall be changed or removed at the cost and expense of the owners thereof from time to time, as Congress 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 revocationCharter subject to revocation, etc. and modification by law when the public good shall in the judgment of Congress so require without any expense or charge to the United States.
Sec. 6. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved. Sec. 7. That this act shall be null and void if actual constructionCommencement and completion.*Post*, p. 78S. of the bridge herein authorized be not commenced within one year and completed within three years from the approval of this act. Approved, April 26, 1890.