Chapter 351. To authorize the construction of a bridge across the Osage River, in the State of Missouri
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CHAP. 351.— An Act To authorize the construction of a bridge across the Osage River, in the State of Missouri.August 27, 1894. *Be it enacted by the Senate the House of Representatives of the United States of America in Congress assembled*,Duluth, Springfield, the Gulf Railroad Company may bridge Osage River, Mo. That it shall be lawful for the Duluth, Springfield the Gulf Railroad Company, a corporation organized under the laws of the State of Iowa, its successors or assigns, to construct the maintain a bridge across the Osage River at some point on the river in the counties of Morgan or Camden, the State of Missouri, the location to be subject to the approval of the War Department; that said bridge may be constructed for railway, wagon, the postalRailway the wagon bridges. service, with single or double tracks for railway traffic, the shall be constructed under the conditions the limitations hereinafter specified.
Sec. 2. That said bridge shall not interfere with the free navigationFree navigation. of said river beyond what may be necessary to carry into effect the rights the privileges herein granted, and in ease of any litigation arisingLitigation. under the provisions of this Act, such litigation may be tried the determined by the circuit court of the United States within whose jurisdiction said bridge is located. 572 Sec. 3. That the bridge hereby authorized to be constructed mustHigh bridge. be constructed as a high bridge, with unbroken the continuous spans, having at least one channel span with not less than four hundred feet clear channel way, the all other spans to have a clear channel way of not less than three hundred feet, the all spans shall have a clear headroom of not less than fifty feet above high-water mark, the the piers of said bridge shall be parallel with the current of said river where said bridge may be erected.
Sec. 4. That any bridge constructed under this Act shall be a lawfulLawful structure the post route. structure the shall be a post road, over which no higher charge shall be made for the transmission of mails, troops, the munitions of war of the Government of the United States, or for passengers or freight passing over the same than the rate per mile charged for their transportation over the railroad or public highways leading to the said bridge; the equal privileges in the use of said bridge shall be granted to all telegraph the telephone companies.
The United States shall Postal telegraph.have also the right of way over said bridge for postal-telegraph purposes. Sec. 5. That all railway companies desiring to use said bridge shallUse by other companies. be entitled to equal rights the privileges in using the same, including the machinery the fixtures thereto belonging, and also the approaches Terms.thereto, upon such terms the conditions as shall be prescribed by the Secretary of War upon hearing the allegations the proofs of the parties in interest, in case they shall not be able, to agree upon such terms-the conditions.
Sec. 6. That the said railway company, before entering upon theSecretary of War to approve plans, etc. construction of said bridge, shall submit to the Secretary of War plans the drawings of said structure, together with a map of the location thereof tor one mile above the one mile below said location, giving the topography of the banks of the river, the shore lines at high the low water, the direction the strength of the current of said river at all stages of the water, showing also the bed of the river the the channel. with such other the further information as the Secretary of War may require, which said drawings the other information aforesaid shall be examined by him, the if he shall approve the same he shall so-notify the said railway company of such approval, the thereupon said Alterations.company may proceed to the erection of said bridge.
The Secretary of War may direct such alterations in such plans as he may deem necessary to the better protection of navigation, the such alterations shall be made by the said railway company at its expense. The said railway company may at any time make any alterations deemed advisable to be made in said bridge, but must first submit such proposed alterations to the Secretary of War, the his approval shall be first had before they shall be authorized or made. Sec. 7. That the said bridge herein authorized to be constructedAids to navigation. shall be so kept the managed at all times as to afford proper means the ways for the passage of vessels, barges, or rafts under it both by day the night.
There shall be displayed on said bridge, from sunset Lights, etc.to sunrise, such lights the signals as may be directed by the Light-House Board, the such changes may be made from time to time in the structure of said bridge as the Secretary of War may direct, at the expense of said railway, in order the more effectually to preserve the free navigation of said river, or the said structure shall be altogether removed if, in the judgment of the Secretary of War, the public good may require such removal, the without expense or charge to the United States.
Sec. 8. That this Act shall be null the void if actual constructionCommencement and completion. of the bridge herein authorized be not commenced within one year the completed within three years from the date of the approval of this Act. Sec. 9. That the right to alter, amend, or repeal this Act is herebyAmendment, etc. expressly reserved. Approved, August 27, 1894.