Chapter 108. to authorize the Illinois and Iowa Railway and Terminal Company to build a bridge across the Mississippi River at Moline, Illinois
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CHAP. 108.— An Act to authorize the Illinois and Iowa Railway and Terminal Company to build a bridge across the Mississippi River at Moline, Illinois.June 8, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Illinois and Iowa Railway and Terminal Company may bridge Mississippi River at Moline, Ill. That the Illinois and Iowa Railway and Terminal Company, a corporation duly created and existing under the laws of the State of Iowa, its successors or assigns, be, and they are hereby, authorized to construct and maintain a bridge and 48 approaches thereto over the Mississippi River from a point at or near the eastern boundary of the city of Moline, in the county of Rock Island, in the State of Illinois, to the opposite shore of said river in the State of *Proviso*.Iowa: *Provided*, That a location is found within such limits suitable Location.to the interests of navigation.
Said bridge shall be construted to Railway. etc., bridge.provide for the passage of railway trains, and at the option of said corporation, its successors or assigns, may be so constructed to provide for and be used also for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers for reasonable rates of toll to be fixed by said corporation, its successors or assigns; and the Secretary of War shall have the right, from time to time, to revise, Tolls.prescribe and determine such rates of toll.
Sec. 2. That any bridge built under the provisions of this act may,Construction. at the option of the said company building the same, be built as a *Provisos*.drawbridge or with unbroken, continuous spans: *Provided*, That if Drawbridge.said bridge shall be constructed as a drawbridge, the same shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans giving a clear width of water way of not less than two hundred feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of water way of not less than three hundred and fifty feet, and every part of the structure shall give a clear head room of not less than ten feet above extreme Spans.high water mark: *Provided*, That all spans shall be so located as to afford the. greatest possible accommodations to the river traffic, and a draw shall be, if practicable, as near the shore as the deepest water Low bridge.way will permit: *Provided, also*, That in case of a low bridge, if the physical characteristics so require, and the interests of navigation be not injured thereby, the length of the fixed spans may be reduced:Piers. *Provided further*, That the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected:Opening draw. *And provided also*, That said draw shall be opened promptly, upon reasonable signal, for the passage of boats, except when trains are passing over the draw; but in no ease shall unnecessary delay occur in opening the said draw during or after the passage of trains: *And provided further*, That if any bridge built under the provisions of this act shall be constructed with unbroken, continuous spans, it shall have one or more Channel spans.channel spans, each having 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 dear head room under other than channel spans may be less than fifty-five feet, but no part of the superstructure of such spans shall in any case give a less headroom than ten feet above high-water mark: *And provided further*, That the interests of navigation be not injured by such reduction in height, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of said river and give a clear width of water way of not less than three hundred and fifty feet.
Sec. 3. That the company constructing a bridge under the provisionsRailway tracks. of this act be, and it is hereby, authorized to lay on said bridge a Railway 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 the point of location of said bridge, under *Proviso*.the limitations and conditions herein: *Provided*, That said bridge shall Unobstructed navigation.not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby Litigation.granted; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, the cause maybe tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches.
Sec. 4. That any bridge constructed under this act and according toLawful structure its limitations shall be a lawful structure, and shall be known as a and post route.post 49 route, and the same is hereby declared to be a post route, upon which, also, no higher charges shall be made for the transmission over the same of the mails, the troops, the munitions of war of the United States, or for passengers or freight passing over said bridge, than the rate per mile paid for transportation over the railroads and public highways leading to said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph companies; and the United States shall have the right of way for postal telegraph purposes across saidPostal telegraph. bridge.
Sec. 5. That all railways desiring to use said bridge shall be entitledUse by other companies. to equal rights and privileges in the passage of the same, and in the use of machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the SecretaryTerms. of War upon hearing the allegations and proofs of the parties, in case they shall not agree. Sec. 6. That the structure hereby authorized shall be built and locatedSecretary of War to approve plans, etc. 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 his examination and approval, a design of the bridge and map of 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 changeChanges. be made in the plans of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War; and the bridge shall be constructed with such aids to theAids to navigation. 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, and for the guiding of rafts, steamboats, and other water craft safely through the draw and raft spans, as the Secretary of War shall order at any time to be constructed and maintained, at the expense of the company owning said bridge; and 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 at night there shall be displayed on said bridge from the hours of sunset to sunrise such lights or other signalsLights, etc. as may be prescribed by the Light-House Board; and the said structure shall be changed or altered at the cost and expense of the owners thereof from time to time, as the Secretary of War 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 revocation and modification by law, when the public good in the judgment of Congress or the Secretary of War so requires, without any expense or charge to the United States.
Sec. 7. That this act shall be null and void if actual construction ofCommencement and completion. the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Sec. 8. That the right to alter, amend, or repeal this act is herebyAmendment, etc expressly reserved. Approved, June 8, 1892.