Chapter 240. To authorize the construction by the Duluth and North Dakota Railroad Company of two bridges across the Red River of the North between the States of Minnesota and North Dakota
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CHAP. 240.— An Act To authorize the construction by the Duluth and North Dakota Railroad Company of two bridges across the Red River of the North between the States of Minnesota and North Dakota. February 17, 1897. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Duluth and NorthDuluth and North Dakota Railroad Company may bridge Red River of the North, North Dakota. Dakota Railroad Company, a corporation duly created and existing under the law of the State of North Dakota, its successors or assigns, be, and it is hereby, authorized to construct and maintain a bridge and approaches thereto across the Red River of the North at two points on said river, as follows:
One of said bridges shall be located at or near Grand Forks, in theLocation. county of Grand Forks and State of North Dakota, and the other of said bridges shall be located at or near Acton, in Walsh County, or at or near Drayton, in Pembina County, both in North Dakota, or at some convenient point between said towns. Said bridges shall be constructedRailway, etc., bridge. to provide for the passage of railway trains, and, at the option of said corporation, may be so constructed as to provide for the passage of wagons and vehicles of all kinds, animals, and foot passengers, for such reasonable rates of toll as may be approved by the Secretary of War.
Sec. 2. That the bridges herein authorized shall be built and locatedSecretary of War to approve plans, etc. under and in accordance with such regulations for the security of navigation as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, drawings showing the plan and location of said bridges; said drawings to give for the space of one-half mile above and one-half 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, soundings accurately showing the bed of the stream, and such other information as may be required for a full and satisfactory understanding of the subject; and until the plan and location of the bridges are approved by the Secretary of War the bridges shall not be commenced or built; and anyChanges. change in the plans of said bridges, either before or after construction, shall be subject to the approval of the Secretary of War; and any change in said bridges during or after construction which the Secretary of War may require in the interest of navigation shall be made by the said company at its own expense.
Sec. 3. That the said bridges shall at all times be so kept and managedAids to navigation. as to offer reasonable and proper means for the passage of vessels and other crafts through or under said structures; and if said bridgesDraws. be built as drawbridges the draws shall be opened promptly upon reasonable signal for the passage of boats or other crafts; and whatever kind of bridge is constructed the said company shall maintain at its own expense, from sunset to sunrise, such lights or other signals onLights, etc. said bridges as the Light-House Board shall prescribe.
Sec. 4. That any bridge built under this Act and subject to its limitationsLawful structure and post route. 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 transmission over the same of the mails, the troops and munitions of war of the United States, or passengers or freight over said bridge than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and it shall enjoy the rights and privileges of other post roads of the United States; and equal privileges in the use of said bridges shall be granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridges and their approaches for said postal telegraphPostal telegraph purposes.
Sec. 5. That all railroad companies desiring the use of said bridgesUse by railroad companies. and their approaches shall have and be entitled to equal rights and privileges relative to the passage of trains over the same upon payment of a reasonable compensation for such use; and in case the owner orCompensation. owners of said bridges and the several railroad companies, or any of534FIFTY-FOURTH CONGRESS. Sess. II. Chs. 240–242. 1897. them, desiring such use shall fail to agree upon the sum or sums to be paid, or upon rules and conditions to which each shall conform in using said bridges and approaches, 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.
Sec. 6. Commencement and completion.That this Act shall be null and void if actual construction of the bridges herein authorized be not commenced within one year and *Proviso*.Separate liability of each bridge.completed within three years from the date hereof: *Provided*, That the commencement and completion of either of said bridges in accordance with this Act shall be deemed a compliance with this section, as to such bridge, and the rights of said company with respect to such bridge, shall not be affected by failure to commence or complete the other of said bridges.
Sec. 7. Amendment, etc.That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 17, 1897.