Chapter 32. to amend an act entitled “An act to authorize the construction of a wagon and foot-passenger bridge across the Mississippi River at or near Lyons, Iowa.”March 15, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Lyons and Fuit Bri
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CHAP. 32.— An Act to amend an act entitled “An act to authorize the construction of a wagon and foot-passenger bridge across the Mississippi River at or near Lyons, Iowa.”March 15, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Lyons and Fuit Bridge Company ni bridge the Mississipi at Lyons. Iowa. That an act entitled “An act to authorize the construction of a wagon and foot-passenger bridge across the Mississippi River at or near Lyons, Vol. 25, p. 901, amended.Iowa,” approved March second, eighteen hundred and eighty-nine, be, and the same is hereby, amended as follows, namely:
Amendment of title.Strike out the title of said act and insert in lieu thereof the following: " “An act to authorize the construction of a railroad or wagon and FIFTY-FIRST CONGRESS. Sess. I. Ch. 32. 1890.19 foot-passenger bridge across the Mississippi River at or near Lyons, Iowa.” " Strike out the first section of said act and insert in lieu thereof theAmendment, sec. 1. following: " ‘That the Lyons and Fulton Bridge Company, a corporation organized and existing under and by virtue of the laws of the State of Iowa, its successors or assigns, be, and they are hereby, authorized to construct and maintain a bridge and approaches thereto, over the Mississippi River, at a location suitable to the interests of navigation from a point in or near the city of Lyons, Iowa, to the oppositeLocation. shore of said river, in the State of Illinois.
Said bridge shall be constructed to provide for the safe and convenient passage of wagons,Wagon or railway bridge. roadway vehicles of all kinds, animals, and foot-passengers, and, at the option of said corporation, its successors or assigns, may be so constructed as to provide for and be used for the passage of railroad trains, for such reasonable rates or tolls as may be fixed from timeTolls. to time by said corporation, its successors or assigns, and subject to approval and change by the Secretary of War.
” " Strike out section two of said act and insert in lieu thereof theAmendment, sec. 2, pp. 901, 902 *Ibid*, following: " Sec. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, be built with unbroken and continuous spans, or as a drawbridge, or as a pontonSpans, draws, or ponton-draw.*Provisos*, drawbridge: *Provided*, That if said bridge shall be made with unbroken and continuous spans it shall have one or more channel spans,Channel spans. each giving not less than three hundred and fifty feet clear channel way, and not less than fifty-five feet clear head room above high-water mark, and the clear Lead room under other than channel spans may be less than fifty-five feet, but no part of the superstructure of such spans shall be less than ten feet above high-water mark: *Provided*,Unobstructed navigation.
That the interests of navigation be not injured by such reduction of height: *And provided further*, That if any bridge built under the provisions of this act shall be constructed as a drawbridge, it shall have two or more draw-openings, each giving not less than twoDraw openings. hundred feet clear channel way, and, in addition to said draw-openings, shall have one or more fixed channel spans, each giving not less than three hundred and fifty feet clear channel way, and every part of the superstructure of drawbridges shall give a clear head room of not less than ten feet above high-water mark: *And provided further*, That if any bridge built under the provisions of this act shall be constructed as a ponton drawbridge, it shall be built subjectPonton draw.
(except as herein modified) to all the terms, requirements, and limitations contained in the act entitled “An act to legalize and establish a ponton railway bridge across the Mississippi River at Prairie du Chien, and to authorize the construction of a similar bridge at or near Clinton, Iowa,” approved June sixth, eighteen hundred and seventy-four, so farVol, 18, pp. 6S, 03. as they may be applicable thereto: *And provided, also*, That it shall be constructed with one suitable ponton draw giving not less than five hundred feet clear channel way, and such other ponton draws and other openings as may, in the opinion of the Secretary of War,Openings.Aids to navigation. be necessary: *And provided further*, That the piers of any bridge authorized by this act shall be parallel with the current of the river and the bridge itself at right angles thereto, and the spans of any such bridge shall be so located as to afford the greatest possible accommodation to the river traffic, and the drawspans of any suchOpening draws. bridge shall be opened promptly by steam or other reliable mechanical power upon reasonable signal for the passage of boats: *And provided, further*, That the dimensions of all spans, not definitelySpan dimensions. fixed by this act, shall be such as in the opinion of the Secretary of War, will best serve the interests of navigation: *And provided further*, That for any two adjacent draw-openings, of two hundred feetAdjacent draws. each, one draw-opening of three hundred feet may be substituted, if 20FIFTY-FIRST CONGRESS.
Sess. I. Chs. 32-34. 1890. the interests of navigation be not injured thereby: Dimensions and cumber of draws.*And provided further*, That if the physical characteristics of the locality where a bridge authorized by this act is to be constructed require, and the interests of navigation be not injured thereby, the length of the fixed openings or the number of draw-openings required by this act may be reduced by the Secretary of War. " Amendment, sec. 4.Strike out section four of said act and insert in lieu thereof the following:
" “Sec. 4. Use by other companies. That if any bridge built under the provisions of this act shall be constructed to provide for the passage of railroad trains, all railroad and other companies desiring to use the same 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 all Secretary of War to prescribe terms.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.
” " Approved, March 15, 1890.