Chapter 33.
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/statutes-at-large/vol-26/chapter-33-2914733·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 33.— An act authorizing the city of Albany, in the county of Linn, State of Oregon, to construct a bridge across the Willamette River, in said State.December 26, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Albany, Linn Co., Oreg., may bridge Willamette River at Albany, Oreg. Wagon and foot, or wagon, foot, and railroad bridge. That the city of Albany, in the county of Linn, State of Oregon, be authorized and permitted to build a wagon and foot bridge across the Willamette River, at such point as may be selected opposite the said city, and between the counties of Linn and Benton, in said State of Oregon.
Such bridge may also, at the option of said city, be so constructed as *Proviso*.to be available as a railroad bridge: *Provided*, That in either case saidFree navigation. bridge shall not interfere with the freeLitigation. navigation of said river, and in case of any litigation arising from any obstruction, or alleged obstruction, to the free navigation of said river by reason of the construction of said bridge, the cause may be tried before the circuit court of the United States in and for the district in whoso jurisdiction any portion of said obstruction or bridge may be.
Sec.2. That such bridge, built under the provisions of this act,Construction optional. may. at the option of the city of Albany, be built as a drawbridge, or with unbroken, continuous spans, *provided* if such bridge shall be made with unbroken,*Provisos*. continuous spans the main span shall be over theSpans. main channel of such navigable river, and shall be of such width and the lowest part of the superstructure shall be of such height above extreme high-water mark as the Secretary of War may prescribe,Piers. and such bridge shall be at right angles to, and its piers parallel with, the channel or current of said river.
And if such bridge,drawbridge opening. built under this act, shall be constructed as a drawbridge the same shall be constructed with the opening over the center or channelWidth, etc. of the river, and shall be of such width and character ofPiers. construction as the Secretary of War shall prescribe, andDraw, the piers of such bridge shall be parallel with the current, and the draw of such bridge shall be over the main or deep channel of the river: Opening of draw.*Provided also*, That said draw shall be opened promptly upon a reasonable signal for the passage of boats, and in no case shall unnecessary delay occur in opening said draw.
And said city of Albany shall maintain at its own expense, fromLights, etc. sunset to sunrise, such lights or other signals on such bridge as the FIFTY-FIRST CONGRESS. Sess. II. Ch. Chs. 33. 1891.699 Light-House Board shall prescribe: *Provided also*, That said bridge,*Proviso*. at the option of the said city of Albany, may be used for the passageOptional toll or free bridge. of wagons or vehicles of all kinds, for the transit of animals and foot passengers for such reasonable rate of toll as may be approved from time to time by the Secretary of War, hut the same may, at the option of the city of Albany, be a free bridge for the passage of vehicles and foot passengers thereon.
Sec.3. Lawful structure and post-route.Railroad charges.Postal telegraph. Said bridge shall be built and located under and subject to such regulations for the security of navigation on navigable rivers as theSecurity of navigation. Secretary of War shall prescribe. To secure that object the said city of Albany shall submit to the Secretary of War, for his examinationSecretan’ of War to approve plans, etc. and approval, a design and drawing of such bridge, and a map of the location, giving, for the space of one mile above and one mile below the 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 and channel of the stream, and the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject.
And until the said plans and location of the bridge are approved by the Secretary of War the bridge shall not be built, and any change madeChange In plan. in the plans of such bridge during the progress of the work thereon shall be subject to the approval of the Secretary of War. Sec.4. That such alterations or changes as may be required byStructural changes. the Secretary of War or Congress in the bridge constructed under the provisions of this act shall be made by the said city of Albany at its own expense, and at any time after the completion of such bridge the said city of Albany may. at its option, surrender andOptional transfer, etc., to Linn and Benton counties, etc. transfer to the counties of Linn and Benton, in the State of Oregon, said bridge and the entire control and management thereof, in which event and in case of the acceptance thereof by said counties they shall thereafter be subject to all the obligations and conditions imposed upon the city of Albany by the provisions of this act.
Sec.5. That said city of Albany, or any county or counties, corporation,Aids to navigation. or persons owning, controlling, or operating the bridge built under the authority of this act shall build and maintain at all times as accessory works to said bridge such booms, piers, dikes, guard-fences, and similar devices as may be necessary to insure at all times a permanent channel for a sufficient distance above and below the bridge site, and for guiding of rafts, steamboats, and other watercraft safely under or through said bridge, as may be prescribed by the Secretary of War.
Sec.6. That in case the bridge authorized by this act shall be constructedUse by railroad companies. to provide for the passage of railroad trains, then all railroad companies desiring the use of the bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains or ears over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use: and in caseTerms. the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them 700FIFTY-FIRST CONGRESS.
Sess. II. Chs. 33, 34. 1891. shall he decided by the Secretary of War upon a hearing of the allegations and proofs of the parties; and equal privileges in the use of Use by telegraph, etc., companies.said bridge and approaches shall be granted to all telegraph and telephone companies. Sec.7. That this act shall be null and void if actual constructionCommencement and completion. of the bridge herein authorized be not commenced within two years and completed within four years from the date of approval thereof.
Sec.8. That the right to alter, amend, or repeal this act is herebyAmendment, etc. expressly reserved; and the right to require the entire removal of the Removal.bridge constructed under the provisions of this act, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. Approved, December 26, 1890.