Chapter 64. To authorize the construction of a steel bridge over the Saint Louis River, between the States of Wisconsin and Minnesota
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CHAP. 64.— An Act To authorize the construction of a steel bridge over the Saint Louis River, between the States of Wisconsin and Minnesota.April 24, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Duluth and Superior Bridge Company may bridge Saint Louis River, Conners Point, Wis., to Rice, Point, Minn. That the Duluth and Superior Bridge Company, a corporation organized under the laws of the State of Wisconsin, and its successors in interest be, and is hereby, authorized to construct and maintain and operate a bridge and approaches thereto over the Saint Louis River, between the States of Wisconsin and Minnesota, extending from the northerly end of Conners Point, Wisconsin, to Rices Point, opposite, in the State of Minnesota.
Said bridge shall Railway, wagon, and foot bridge.be constructed to provide for the passage of street railway ears, steam cars, on double tracks permitting the passage of trains in opposite directions at the same time, and for the passage of wagons and vehicles 65 of all kinds, and for the transit of animals, and for foot passengers, under such reasonable rules and regulations as may be prescribed by said company or its successors in interest, and for such reasonable rates of toll as may be agreed upon by the parties in interest and approvedToll.*Proviso*.Free passage. by the Secretary of War: *Provided, however*, That the right of passage over said bridge and approaches shall at all times be free to the employees and apparatus of the lire and police departments of the cities of Duluth and Superior, when in actual service.
And in ease of any litigation concerning any alleged obstruction to the free navigation ofLitigation. said river on account of said bridge the cause shall be tried before the circuit court of the United States in whose jurisdiction any portion of said obstruction or bridge is located. Sec. 2. That any bridge built under the provisions of this Act shallUnobstructed navigation. be built and constructed without material interference with the security and convenience of navigation on said river beyond what is necessary to carry into effect the rights and privileges hereby granted, and shall*Post*, p. 228. be at least twenty-eight feet in height in the clear above high-water mark, with rafting spans on either side of the draw of not less than two hundred and fifty feet each; and, in order to secure compliance with these conditions, the said corporation shall submit to the SecretarySecretary of War to approve plans, etc. of War a plan of the bridge and accessory works provided for in this Act, together with a detailed map of the river for a distance of one mile above and one mile below the proposed site of said bridge, with such information as may be required by the Secretary of War for a full and satisfactory understanding of the subject; and the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other in formation and being satisfied that the bridge built upon such plan and with such accessory works and at such locality will conform to the prescribed condition of this Act, to notify the company that he approved the same; and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War shall approve the plan and location of said bridge and accessory works, and notify the company of the same, the bridge shall not be built or commenced; and should any change be made or become necessary in the plan of the bridge or accessory works during the progress of construction or after completion such change shall likewise be subject to theChanges.*Proviso*.Reduction of height. approval and direction of the Secretary of War: *Provided, however*, That if, in the opinion of the Secretary of War, the interests of navigation permit it, it shall be within his discretion to reduce the requirement of height in the clear above high-water mark from twenty-eight feet to twenty-six feet.
Sec. 3. That the accessory works referred to in the preceding sectionAids to navigation. shall be such booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of steamboats, rafts, and other water craft safely through the draw and rafting spans, as shall be required by the Secretary of War; and in addition thereto, and before the construction of the bridge to be built under this Act, the company or persons owning or holding such bridge shall be required, under the direction of the Secretary of War or such officer as he shall designate, to dredge outDredging required. to a minimum depth of twenty-one feet the two triangular spaces above and below the proposed site of the bridge included in the interior angles formed by the crossing of the two channels at “the gate,” to such an extent as to create a basin, the easterly and westerly limits of which shall be, respectively, at not to exceed one thousand*Post*, p. 228. feet from the axis of the bridge, and such basin shall be maintained by the said company or persons owning and holding said bridge, at all times thereafter, in a condition affording safe navigation to all vessels drawing twenty feet of water.
Sec. 4. That the bridge built under this Act shall be constructed asDraw. a pivot drawbridge, with the draw over the main channel of the river at an accessible and navigable point, and with a span of not less than 66 two hundred feet in length in the clear on each side of the central or pivot pier of the draw, measured at right angles to the axis of the *Provisos.*Opening draw.channel: *Provided*, That the said draw shall be opened promptly on reasonable signal for the passage of boats, vessels, and other water craft: *And provided further*, That, said company or corporation shall maintain at its own expense, from sunset to sunrise through the season Lights etc.of navigation, such lights or other signals on said bridge as the Light-House Board shall prescribe.
The superstructure of said bridge shall be constructed of iron and steel, and lie sufficiently supported by abutments and piers of solid masonry. Sec. 5. That all street and other railway companies, telegraph andUse by other companies. telephone companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of ears and stringing wires over the same and over the approaches thereto Compensation.upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several street and other railway companies, or any of them, desiring such use shall fail to agree on the sum or sums to be paid, and on the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon hearing Foot and wagon passage.the allegations and proofs of the parties in question.
And all owners and persons in charge of wagons and vehicles and animals of all kinds, and all foot passengers, shall have and be entitled to equal rights to passage and transit over said bridge, and over the approaches thereto, upon payment, of a reasonable Compensation.compensation for such use, such rate of compensation to be agreed upon by and between the common councils of the cities of Superior and Duluth and the owner or owners of said bridge; audio case the owner or owners of said bridge and the said common councils fail to agree on the sum or sums to be paid all matters of issue between them shall be decided by the Secretary of War, upon hearing of the allegations and proofs of the parties in question.
Sec. 6. That tho company or persons owning and holding such bridgeSale to Duluth, Minn., or Superior, Wis., authorized. shall,at anytime after the completion thereof, sell and transfer the same to the city of Duluth, in the county of Saint. Louis, in the State of Minnesota, and to the city of Superior, in the county of Douglas, in the. State of Wisconsin, or to the said counties jointly, and surrender the entire control and management thereof, with all the rights and privileges and franchises thereto appertaining, upon payment Io such holders and owners of the total amount expended up to the time of the transfer in and about the construction, maintenance, and repairs of said bridge and its approaches and accessory works, as well as expended in dredging the channel to and through the draw of such bridge, with interest thereon at the rate of seven per centum per annum, less the net income from the tolls; in which event, and in case of the due consummation of such transfer, the said counties or cities shall Conditions.thenceforth be subject to all the obligations and conditions imposed by the provisions of this Act, and shall assume and pay at their maturity the umnatured obligations, if any, of the said company or persons, not exceeding in amount the purchase price of said bridge as herein provided, and the amount of such obligations so assumed, with the accrued interest thereon, shall be deducted from the amount of said purchase price, and the remainder only shall be paid to said company or persons: *Proviso*.Free passage.*Provided*, That said bridge and its approaches thereafter shall be made free of tolls to wagons, teams, and foot passengers, and street-railway cars.
Sec. 7. That the bridge and accessory works constructed under thisLawful structure and post route. Act and according to its terms and limitations shall be a lawful structure, and shall be recognized and known as a post route upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for 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, and the United 67 States shall have the right of way for postal telegraph purposes acrossPostal telegraph. said bridge.
Sec. 8. That the right to alter, amend, or repeal this Act is herebyAmendment etc. expressly reserved; and the right to require any changes in said structure, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. Sec. 9. That this Act shall be null and void if actual construction of the bridge therein authorized be not commenced within one yearCommencement and completion. and completed within three years from the date of the passage of this Act.
Approved, April 24, 1894.