Chapter 124. to authorize the construction of a bridge across the Missouri River at the city of Yankton, South Dakota
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CHAP. 124.— An Act to authorize the construction of a bridge across the Missouri River at the city of Yankton, South Dakota.June 22, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Yankton Bridge That it shall be lawful Company may bridge Missouri River atfor the Yankton Bridge Company, a Yankton, S. Dak.corporation organized for that purpose under the general corporation laws of the State of South Dakota, or its assigns, to construct, under and subject to the conditions and limitations hereafter provided, a combined railroad, wagon, and foot-passenger bridge across the Missouri River, at the city of Yankton, Smith Dakota, and lay on and over said bridge railway tracks for the more perfect Railway, wagon, and foot bridge.connection of any and all railways that now are, or which may hereafter be, constructed to the Missouri River at the city of Yankton, or to the river on the opposite side of the same, near the city of Yankton, and build, erect, and Jay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot passengers, and to maintain and operate said bridge for the purposes Use by railroads.aforesaid; and that when said bridge is constructed all trains of railroads terminating at said river, and on the opposite side thereof, at the city of Yankton, South Dakota, shall be allowed to cross said bridge Terms.for reasonable compensation to be made to the owners of the same; and if the amount of said compensation cannot be agreed upon by the parties the same shall be fixed by the Secretary of War.
The owners of said bridge may also charge and receive reasonable compensation or Tolls.tolls for the transit over said bridge of all wagons, carriages, vehicles, *Proviso*.Rules, etc.animals, and foot passengers: *Provided*, That the Secretary of War may at any time prescribe such rules, regulations, and rates of toll for transit and transportation over said bridge as may be deemed proper and reasonable. Sec. 2. That any bridge built under the provisions of this act may,Construction. at the option of the corporation building the same, be built as a draw *Provisos*.bridge, or with unbroken or continuous spans: *Provided*, That if the Spans.same shall be made of unbroken continuous spans, it shall not be in any case of less elevation than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure, with straight girders; nor shall the spans of said bridge be less than three hundred feet in the clear at low-water mark; and the 55 piers of said bridge shall be parallel with the current of the river at high water, and the main spans shall be over the main channels of the river: *And provided also*, That if a bridge shall be built under this act as a drawbridge the same shall be constructed as a pivot drawbridge,Draw. with one or more draws, as the Secretary of War may prescribe, and with spans of not less than two hundred feet in length in the dear on each side of the central or pivot piers of the draws, and the next adjoining spans over the river to the draws shall not be less than two hundred and fifty feet in the clear, measured at low water; and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river at high water: *And provided also*, That said draw shall be opened promptly, uponOpening draw. reasonable signal, without unnecessary delay; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House BoardLights, etc. shall prescribe, and such sheer booms or other structures as may be necessary to safely guide vessels, rafts, or other water craft safely through said channel spans or draw openings, and as shall be designated and required by the Secretary of War: *And provided further*, That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or belowChannel may be made. the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said object, but shall not impede or obstruct the navigation of said river, and shall be liable in damages for all injuries to private property, and all plans for such works or erections upon the banks of the river shall first be submitted to the Secretary of War for his approval: *And provided further*, That any bridge built under the provisions of this act shall be at right angles to the current of the river at high water.
Sec. 3. That no bridge shall be erected or maintained under the authorityUnobstructed navigation. of this act which shall at any time substantially or materially obstruct the free navigation of said river; and no bridge shall be commenced or built under this act until the location thereof and the plans and specifications for its construction shall have been submitted to and approved by the Secretary of War; and any change in the plan of such Secretary of War to approve plans, etc.construction or any alteration in the bridge after its construction shall be subject to the like approval; and whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby authorized to cause 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 obstructionsAlterations. be removed at the expense of the owner or owners of said bridge, or the persons operating or controlling the same; and in case of any litigation arising from any obstruction or alleged obstruction to the freeLitigation. navigation of the Missouri River, at or near the crossing of said bridge, caused or alleged to be caused thereby, the cause shall be commenced and tried in the circuit courts of the United States of either judicial district of South Dakota or Nebraska in which the said bridge or any portion of such obstruction touches.
Sec. 4. That any bridge built under this act and according to itsLawful structure and post route. 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 transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroad or public highways leading to such bridge. The United States shall also have the right to construct, without charge therefor, telegraph or telephone lines across said bridge.
Sec. 5. That Congress may at any time alter, amend, or repealAmendment, etc. this act. 56 Sec. 6. That this act shall be null and void if actual construction ofCommencement and completion. the bridge herein authorized be not commenced within two years, and completed within four years from the date hereof. Approved, June 22, 1892.