Chapter 90. to establish a railway bridge across the Illinois River, between a point at or near the city of Havana, in Mason County, and a point on tin-opposite side of said river, in Fulton County, in the State of Illinois
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CHAP. 90.— An Act to establish a railway bridge across the Illinois River, between a point at or near the city of Havana, in Mason County, and a point on tin-opposite side of said river, in Fulton County, in the State of Illinois.June 6, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Chicago. Peoria and Saint Louis Railway Company may bridge Illinois River at Havana, Ill. That the Chicago, Peoria and Saint Louis Railway Company, a corporation organized under the laws of the State of Illinois, its successors and assigns, are hereby authorized and empowered to erect, establish, and maintain a railway bridge across the Illinois River, between a point to be by them selected at or near the city of Havana, in Mason County, and a point to be selected by them on the opposite side of said river, in Fulton County, in the State of Illinois; and that said bridge shall not interfere with the freeFree navigation. navigation of said river, and in ease of any litigation arising from anyLitigation. obstruction or alleged obstruction to the free navigation of said river, the same shall be instituted and determined in the district court of the United States for the southern district of the State of Illinois.
Sec. 2. That any bridge built under the provisions of this act may.Construction. at the option of the company building the same, be built as a drawbridge, with a pivot or other form of draw, or with unbroken or continuous spans: *Provided*, That if the said bridge shall be built with*Provisos*. unbroken or continuous spans it shall have one or more channel spans,Spans. each having not less than three hundred and fifty feet clear channel way, measured normal to the current of said river, and not less than fifty-five feet clear headroom above high-water mark, and the clear headroom under the other channel spans may be less than fifty-five feet: *Provided*, That no part of the superstructure of such spans shallHeight. 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 withPiers. the current of said river, and the main span shall be over the main channel of the river, and not less than three hundred and fifty feet in length: *And provided also*, That if any bridge built under this act shall be constructed as a drawbridge, the same shall be constructed as aDraw. pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point and with spans of not less than one 44 hundred and sixty feet in length, measured normal to the current of said river, on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet in length, measured normal to the current of said river, and every part of the superstructure shall give a clear headroom of not less than ten feet above high-water mark: *Provided*, That the Locations of spans.spans of both high and low bridges shall be so located as to afford the greatest possible accommodations to the river traffic, and a draw-opening of low bridges shall, if practicable, be located next or near shore; and the piers of said bridge shall be parallel with the current of the river when said bridge may be erected: *And provided also*, That said Opening draw.draw shall be opened promptly upon reasonable signal for the passage Approaches.of boats: *And provided also*, That if the approaches by land to said bridge shall be built over land submerged at high water, said approaches shall be provided with sufficient passages for water, in connection with the water way through the spans of said bridge, to pass the flood discharge of the Illinois River without unduly increasing the velocity of flow through the navigated spans of said bridge: *And provided also*,Aids to navigation.
That all such dikes, booms, piers, fences, wing dams, and other accessory works, that may be necessary to safely guide all steamboats, rafts, tows, and other water craft navigating said river, up to-and through said draw or channel spans at any and all stages of water in the Illinois River, within a distance of one mile above and one-half mile below said bridge shall be located, constructed, and maintained at all times as may be required by the Secretary of War: *And provided also*, That the approaches of said bridge by land or by water within the limitsData to be submitted. of high water with limiting and level lines of the. natural surface, grades of track, and proposed high-water discharge openings, within said overflowed limits along the line of such road or any road using said bridge, and all accessory works herein required among other data hereinafter required shall be indicated, shown, and located upon the maps and plans of said bridge, hereinafter required to be submitted for approval to the Secretary of War.
Sec. 3. That any bridge constructed under this act and according toLawful structure and post rout . its limitation shall be a lawful structure, and shall be known and recognized as a post route, and the same is hereby declared to be 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 their transportation over the railroads and public highways leading to the said bridge,Postal telegraph. and the United States shall have the right of way for a postal telegraph across said bridge.
Sec. 4. That all railway companies desiring to use said bridge shallUse by other companies. have and be entitled to equal rights and privileges in the passage of the same and in the use of the machinery and fixtures thereof, and of Terms.the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in case they shall not agree. Sec. 5. That the structure herein authorized shall be built and locatedSecretary of War approve plans, etc. 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 examination and approval, a design and drawings of said bridge and approaches by land and by water 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 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 may be required for a full and satisfactory understanding of the subject; and until the said plan and location of 45 the bridge and approaches thereto are approved by the Secretary of War the bridge shall not be commenced or built, and should any changeChanges. be made in the plan of said bridge during the process of construction such change shall be subject to the approval of the Secretary of War; and the said structure shall be at all times so managed and kept as to offer reasonable and proper means for the passage of vessels through or under said structure; and to secure the safe passage of vessels at night there shall be displayed on said bridge, from the hour of sunset to that of sunrise, such lights as may be prescribed by the Light-HouseLights.
Board; and the said structure shall be changed, 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. Sec. 6. 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. 7. That the right to alter, amend, or repeal this act is herebyAmendment, etc. expressly reserved.
Approved, June 6, 1892.