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Code · STATUTES-AT-LARGE · Vol. 26 STAT. · August 29, 1890 · Chapter 816

Chapter 816.

1,469 words·~7 min read·/statutes-at-large/vol-26/chapter-816

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CHAP. 816.— An act to authorize the construction of a bridge across the Mississippi River at some accessible point between the mouth of the Illinois and the mouth of the Missouri Rivers.August 29, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,St. Clair, Madison and St. Louis Belt Railroad Company may bridge Mississippi river between mouths of Illinois and Missouri Rivers, Illinois. That the Saint Clair, Madison and Saint Louis Belt Railroad Company, a corporation organized under the laws of the State of Illinois, its successors, is hereby authorized to construct and maintain a bridge across the Mississippi River at such point as may be hereafter selected by said corporation, between the mouth of the Illinois River and the mouth of the Missouri River, as shall best promote the public convenience and welfare and the necessities of business and commerce.
That Railway, wagon, and foot bridge.said bridge shall be constructed to provide for the passage of railroad trains, and, at the option of the corporation by which it may be built, for the transit of foot passengers, animals, wagons, and Tolls.vehicles of all kinds, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. Sec. 2. That such bridge shall be constructed and built withoutSecurity of navigation. interference with the security and convenience of navigation of such river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the Secretary of War to approve plans, etc.said corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings 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 shorelines at high and low water, 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 approved by the Secretary of War the bridge shall not be commenced or built: *Provisos*.Continuous spans.*Provided*, That if the said bridge shall be made with unbroken and continuous spans it shall have one channel span of not less than FIFTY-FIRST CONGRESS.
Sess. I. Ch. 816. 1890.365 three hundred and fifty feet in length and of an elevation not lessLength and elevation.Channel span. than fifty-five feet above high-water mark as understood at the point of location to the lowest part of the superstructure, and the clear Headroom of other than channel spans may be less than fifty-fiveOther spans. feet: *And provided, also*, That if said bridge shall be made with unbroken and continuous spans there shall, during the season of navigation, be posted in a conspicuous place on or near the bridge, the clear Headroom under the channel span on that day, the figuresDaily notification of head-room. expressing this height, to be readily visible to the naked eye from any point in the channel of the river for a stretch of four thousand feet, of which three thousand shall be above and one thousand shall be below the channel span of said bridge, and the piers of said bridgePiers. shall be parallel with the current of the river: *And provided, also*, That if any bridge built under this act shall be constructed as a drawbridge the same shall be constructed as aDraw-bridge.Pivot draw. pivot drawbridge, with a draw at a point accessible and convenient for navigation, and with spans of not less than two hundred feet in length in the clearSpans at pivot pier. on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall not be less than three hundred andAdjoining spans.Head-room. fifty feet in length, and the Headroom under such spans shall not be less than ten feet above high water: *And provided, also*, That if any bridge built under this act shall be constructed as a drawbridge the same shall be provided with such protection piers and guide piersProtection, etc., piers. as the Secretary of War shall require, and there shall be displayed at a point plainly visible to boats passing through the draw a recordWater record. showing the stage of water and whether the river is rising or falling: *Provided also*, That said draw shall be opened promptly upon reasonableOpening of draw.Lights, etc. signal for the passage of boats, and said corporation shall maintain at its own expense from sunset to sunrise such lights or other signals on said bridge as the Light-House Board shall prescribe: *Provided, also*, That all railroad companies desiring the useUse by other companies. of such bridge shall have and be entitled to equal rights and privileges relative to the passage of railroad trains over the same and over the approaches thereto upon payment of a reasonable compensationCompensation, etc. for such use; and in case the owner or owners of said bridge and the several railroad companies or anyone of them desiring such use shall fail to agree upon the sum or sums to be paid, and the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the SecretarySecretary of War to decide. of War upon a hearing of the allegations and proofs of the parties.
Sec. 3. That the Secretary of War is hereby authorized and directedSecretary of War to approve plans, etc. upon receiving such plan and map and other information, and upon being satisfied that a bridge built upon such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictlyConstruction.Structural changes. to the approved plan and location; and should any change be made in the plan of the bridge or said accessory works during the progress of the work thereon such change shall be subject likewise to the approval of the Secretary of War; and in case of any litigationLitigation.Obstructed navigation. 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 circuit court of the United States for the district in whose jurisdiction any portion of said obstruction or bridge may be located.
Sec. 4. That the said bridge, when built and constructed underLawful structure and post-route. this act and according to the terms and limitations thereof, shall be a lawful structure; and said bridge 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 366FIFTY-FIRST CONGRESS. Sess. I. Chs. 816, 817. 1890. the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States.
Sec. 5. That the United States shall have the right of way forPostal-telegraph. such postal and telegraph lines across said bridge as the Government Use by other telegraph, etc., companies.may construct or control, and all telegraph and telephone companies shall have equal rights and privileges in constructing and maintaining their lines over said bridge. Sec. 6. That Congress shall have power at any time to alter,Amendment, etc. amend, or repeal this act whenever in its judgment the public Alterations, etc.interests so require; and all alterations of said bridge, or its entire removal, shall be made at the expense of the owners of or persons *Proviso*.controlling such bridge; *Provided further*, That nothing in this act shall be so construed as to repeal or modify any of the provisions of Protected navigation.law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same.
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 thereof. Approved, August 29, 1890. Chapter 817: to authorize the construction of a bridge across the Columbia River by the Oregon Railway Extensions Company. Chapter 817 26 Stat. 366 1890-08-29 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.
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