Chapter 50. to authorize the construction of a bridge across the Missouri River between the city of Pierre, in Hughes County, and Stanley County, in the State of South Dakota
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CHAP. 50.— An Act to authorize the construction of a bridge across the Missouri River between the city of Pierre, in Hughes County, and Stanley County, in the State of South Dakota.March 24, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Pierre Ponton Bridge Company may bridge Missouri River between Pierre and Stanley County, S. Dak. That the Pierre Ponton Bridge Company, a corporation duly organized and existing under the laws of the State of South Dakota, its successors, or assigns, be, and are hereby, authorized to construct and maintain a bridge, and approaches thereto, across the Missouri River between the city of Pierre, in the State of South Dakota, and Stanley County, in the State of South Dakota.
Said bridge shall be constructed to provideRailway, wagon, etc., bridge. for the passage of railroad trains, wagons, and vehicles of all kinds, steam and street cars, animals, foot-passengers, and for all road travel, for such reasonableTolls. rates of toll and under such reasonable 30FIFTY-FIRST CONGRESS. Sess. I. Ch. 50. 1890. rules and regulations as may be prescribed by said corporation, its successors, or assigns, and approved by the Secretary of War. Sec. 2. Lawful structure and post-route.
That any bridge built under this act and subject to its limitations shall be a lawful structure, and 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 railroad or public highways leading to said bridge, and it shall enjoy the rights and privileges of other post-roads in the United States; and equal privileges in the Use to all telegraph companies.use of said bridge shall be granted to all telegraph companies, and the United States shall have the right of way across said bridge, and Postal telegraph.its approaches, for postal telegraph purposes.
Sec. 3. Ponton draw. That said bridge shall be constructed as a ponton draw-span bridge, and shall contain a ponton draw-span of not less than three hundred feet in length, which draw-span shall be maintained over the main channel of the river at an accessible and navigable point, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river: *Provided*, *Provisos*.Opening draw.That said draw shall be opened promptly by said company or corporation upon reasonable signal for the passage of boats and rafts and said company or corporation shall maintain, at its own expense, Lights, etc.from sunset to sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe.
No bridge shall be erected or maintained under the authority of this act which shall at any Free navigation.time obstruct the free navigation of said river, and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause Changes.the entire removal thereof or such change or alteration of said bridge to be made as will effectually obviate such obstruction, and all such alterations shall be made and all such obstructions shall be removed at the expense of the owner or owners of said bridge, and in case of Litigation.any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of South Dakota in whose jurisdiction any portion of said obstruction or bridge may be located:
Existing laws.*Provided further*, That nothing in this act shall be so construed as to repeal or modify any of the provisions of the law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge May be wagon and footbridge alone.from the operations of the same: *Provided*, That said company may construct a wagon and foot bridge alone, and in case of the construction of a wagon and foot bridge alone the draws shall be of the same Construction, etc.length herein provided, and shall be of such construction as shall be approved by the Secretary of War, and shall be subject to all the Unobstructed navigation, etc.provisions herein contained in respect to being promptly opened to admit of the unobstructed navigation of said river, and of keeping the same lighted as herein provided in case of a railroad and wagon Lights.Use for railroad purposes.bridge, and in such case the provisions herein in relation to the use for railroad purposes shall not apply.
Sec. 4. Use by other companies. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same, and over the Terms.approaches to the same, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
FIFTY-FIRST CONGRESS. Sess. I. Chs. 350, 51. 1890.31 Sec. 5. That any bridge authorized to be constructed under thisSecretary of War to approve plans, etc. act shall be built and located under and subject to such regulations for the security of 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 approval and examination, a design and drawings of the bridge, and a map of the location, giving, for the space of one-half mile above and one-half mile below the proposed location the topography of the banks of the river, the shorelines at high and low water, the direction and strength of the currents 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 may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built, and shouldChanges. any change be made in the plans of said bridge during the progress of its construction, such changes shall be subject to the approval of the Secretary of War.
Sec. 6. 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 time this act takes effect: *Provided*, That Congress reserves the right to alter, amend, or repeal*Proviso.*Amendment, this act whenever it may think the public interests so require. Approved, March 24, 1890.