Chapter 67. To authorize the Saint Louis River Bridge Company and the Duluth Transfer Railway Company to construct, maintain, and operate a bridge over the Saint Louis River from a point at or near Grassy Point, in the village of West Duluth, Minnesota, to the most available point opposite, in the State of Wisc
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CHAP. 67.— An Act To authorize the Saint Louis River Bridge Company and the Duluth Transfer Railway Company to construct, maintain, and operate a bridge over the Saint Louis River from a point at or near Grassy Point, in the village of West Duluth, Minnesota, to the most available point opposite, in the State of Wisconsin.May 1, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Saint Louis River Bridge Company and Duluth Transfer Railway Company may bridge Saint Louis River, Minn. and Wis.
That the Saint Louis River Bridge Company, a corporation organized and existing under the laws of the State of Wisconsin, and the Duluth Transfer Railway Company, a corporation created, organized, and existing under and by virtue of the laws of the State of Minnesota, and their respective successors in interest be, and are hereby, authorized to construct, maintain, and operate a bridge, with the approaches thereto, over the Saint Louis River, between the States of Minnesota and Wisconsin, extending from or near Grassy Point, West Duluth, in the State of Minnesota, to the most available point opposite in the city of Superior, in the county of Douglas, and State of Wisconsin.
Said bridge shall lie constructed to provide for the passage of cars, locomotives, and trains of railway companies and snail have laid thereon and thereover railroad tracks for the more perfect connection of any railroads that are or may be constructed to said bridge, or the place of its location, to the end that interchange of traffic may be encouraged and interstate commerce promoted and facilitated; and the same shall be so built as to provide for and Railway, wagon and foot bridge.permit of the passage thereover of the ears and rolling stock of street railway companies, wagons, carriages and vehicles of all kinds, animals, foot passengers, and travelers under such reasonable rules and regulations as may be prescribed by the said companies authorized hereby to construct the same, or their successors in interest, and for Toll.such reasonable, rates of toll as may be fixed by said companies, to be *Proviso*.Free passage.approved from time to time by the Secretary of War: *Provided, however*, That said bridge and its approaches shall be made free of tolls to wagons, teams, foot passengers, and street railways at the end of twenty years from the passage of this Act if not made free before the end of said time. 69 Sec. 2.
That the bridge to be built under this Act shall be constructedDraw. as a pivot drawbridge, with a draw over the main channel of said river, at an accessible and navigable point, to be approved by the Secretary of War, and with spans of not less than one hundred and seventy-five feet in length in the clear on each side of the central or pivot pier of the draw; and also a fixed span with a length of not less than one hundred and seventy-five feet to permit the passage of rafts under said bridge; and said draw shall be opened promptly, at reasonable signal,Opening draw. for the passage of boats, vessels, and other water craft whose construction shall be such as not to admit of their passage under the draw of said bridge when closed, but in no case shall unnecessary delay occur in the opening of said draw; and there shall be maintained by such corporations, at their own expense, from sunset to sunrise, such lightsLight, etc. or other signals upon said bridge as the Light-House Board may prescribe; and there shall also be maintained, at their own expense, sheer booms or other proper protection to guide rafts, boats, vessels, andAids to navigation. water craft through said draw spans; and the said company or companies may do any dredging necessary for confining the flow of water to a permanent channel or to the maintenance thereof at navigable depths.
Sec. 3. That the bridge and accessory works and improvements constructedLawful structure and post route. under this Act and according to its terms and limitations shall be a lawful structure, and said bridge shall be recognized and known as a post route upon which no higher charge shall be made for the transportation over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for their transmission over railroads and public highways leading to said bridge, and the United States shall have the right of way for postal and telegraph purposes across said bridge, free of charge.
Sec. 4. That it shall be lawful for the said companies hereby authorizedConstruction contracts. to construct the said bridge to make such contracts and agreements respecting the construction and maintenance of said bridge as they may desire, not in contravention of the provisions hereof, and may, if they so desire, contract and agree with each other as to their ownership and control of the respective portions of said bridge, to the end, if they so desire, that the said railway company may be invested with the ownership, control, management, and maintenance of that portion thereof devoted to railway traffic, and the said other company be invested with the ownership, management, control, and maintenance of the residue of said structure, or to the end that the best and most feasible method may be by said companies devised for the ownership and maintenance of said structure; and it shall be lawful, in ease the said companies hereby authorized to construct said bridge shall so desire, for them to enter into contract together, whereby either of said companies may construct the same under the authority hereby’ given, and enter into contract together as to the ownership, rights, and control of the respective parties in interest; but nothing herein shall relieve either of said companies or corporations from any liability’ for a failure to comply with the provisions of this Act.
Sec. 5. That all railroad companies desiring to use that portion ofUse by railroad companies. said bridge constructed for railroad purposes shall have and be entitled to equal rights and privileges in the passing over the same and in the use. of the machinery and fixtures thereof and of the approaches thereto for a reasonable compensation, to be paid to the owner or owners thereof,Compensation. and if the owner or owners of said bridge and the several railroad companies, or either or any of them desiring such use, shall fail to agree upon the sum or sums to be paid, and the rules and conditions to which each shall conform in using the same, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties, of which hearing each party shall have due notice, and the determination of the Secretary of War thereof shall be binding upon the parties to such controversy. 70 Sec. 6.
That all street railway companies desiring to use that portionUse by street railways. of said bridge constructed and applicable for such use shall have and be entitled to equal rights and privileges relative to the passage of their ears and rolling stock thereover and over the approaches thereto upon Compensation.the payment of a reasonable compensation for such use; and in ease the owner or owners of said bridge or any portion thereof, and the street railway company or companies so desiring to use the same, shall fail to agree upon the sum or sums to be paid upon the rules and conditions to which each shall conform in using the same, all matters at issue between them shall be decided by the Secretary of War in the manner provided in the last preceding section.
Sec. 7. Th at the company or persons owning and holding such bridgeTransfer of franchise to Duluth and Superior. shall, at any time after the completion thereof, sell and transfer the same, or such portion thereof as is not used for railway purposes, 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 to such holders and Transfer of part of bridge.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: and in case of the purchase of only a part of said bridge then the amount to be paid shall be apportioned by agreement between the owners of said bridge, and the cities or counties purchasing it, or, in ease of disagreement, by the Secretary of War, 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 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 unmatured 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 lie paid to said *Proviso*.Free passage.company or persons: *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. 8. That in order that any bridge built under the authority of thisFree navigation Act may be constructed and built without any material interference with the security and convenience of navigation of said river, beyond what is necessary to carry into effect the rights and privileges hereby granted, and in order to secure compliance with the conditions herein specified, the said corporation so constructing the same shall, previous to commencing the work of construction of said bridge, submit the plans and location thereof, with a detailed map of the river at the proposed site of said bridge, and near thereto, exhibiting the depths and Secretary of War to approve plans, etc.currents of said river, to the Secretary of War for his approval, together with such further information concerning said bridge and said river as maybe deemed requisite by him; and until he approves the plans and location of said bridge it shall not be built.
The Secretary of War, upon receiving such map and plans, shall proceed with due diligence to consider the same, and, upon being satisfied that the same conform to the prescribed conditions of this Act. shall notify said companies that lie approves the same, and shall notify said companies of any changes or modifications necessary in order that the same be made to conform to said conditions; and the said companies, upon receiving such notification, may proceed to erect the said bridge in conformity with the approved plans and location and the conditions herein prescribed; and no change shall be made therein without the consent of *Proviso*.Consideration of plans, etc.the Secretary of War and his approval thereof: *Provided, however*, That the Secretary of War shall give, or cause to be given, to said 71 corporations reasonable notice of the time and place of the consideration of said plans and maps by him or by any officer of his Department, and the said corporations shall have a right to appear with their engineers and attorneys, or either, before such officer, and be heard in behalf of said plans before him, as well as before any officer authorized by him to report upon the same.
Sec. 9. That in ease of any litigation arising by reason of any obstructionLitigation. of the free navigation of said river, by reason of said bridge, the cause may be tried before the circuit court of the United States for the States of Minnesota or Wisconsin, and the said corporations herein authorized to construct said bridge, or either of them so constructing the same, under the authority herein granted, their or its successors and assigns, for the purpose of acquiring necessary rights of way for the construction of necessary abutments and approaches for said bridge, and the lines and tracks of railroad thereon, shall have the power to acquire the same by purchase, gift, or conveyance, or by the exercise of the power of eminent domain, and, for such latter purpose, may instituteCondemnation proceedings. proceedings in the proper court having jurisdiction in each or either of said States wherein the premises sought to be condemned are located, or in the circuit court of the United States in the proper district or division of either of said States, said proceedings to be conducted in all respects in conformity with the provisions of Jaw in such State or States, for the acquisition by condemnation of private property, and appropriating the same to public use. by corporations authorized to exercise the power of eminent domain.
Sec. 10. That if such bridge hereby authorized to be built shall notCommencement and completion. be commenced within one year and finished within three years from the date hereof, the rights and privileges hereby granted shall determine and cease. Sec. 11. That the right to alter, amend, or repeal this Act is herebyAmendment, etc. expressly reserved. Approved, May 1, 1894.