Chapter 53. To authorize the construction of a bridge across the Missouri River at or near Chamberlain, South Dakota
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CHAP. 53.— An Act To authorize the construction of a bridge across the Missouri River at or near Chamberlain, South Dakota.March 13, 1896. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,*Dakota Pacific Bridge Company may bridge Missouri River at Chamberlain, S. Dak. That it shall be lawful for the Dakota Pacific Bridge Company, a corporation now being organized for56FIFTY-FOURTH CONGRESS. Sess. I. Ch. 53. 1896. that purpose under the general corporation laws of the State of South Dakota, or its assigns, to construct under and subject to the conditions andRailroad, wagon, and foot bridge. limitations hereinafter provided, a combined railroad, wagon, and foot-passenger bridge across the Missouri River, at a point suitable to the interests of navigation, within five miles above or below the city of Chamberlain, South Dakota, and lay on and over said bridge railway tracks for the more perfect connection of any and all railroads that are now or which may hereafter be constructed to the Missouri River at or within five miles above or below the city of Chamberlain, South Dakota, or to the river on the opposite side of the same, near the city of Chamberlain, South Dakota, and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot passengers, and to maintain and operate saidUse by railroads. bridge for the purposes aforesaid; and that when said bridge is constructed all trains of railroads terminating at said river and on the opposite side thereof, at or within five miles above or below the city of Chamberlain, South Dakota, shall be allowed to cross said bridge and itsCompensation. approaches for reasonable compensation to be made to the owners of the same; and if the amount of said compensation can not be agreed upon by the parties, the same shall be fixed by the Secretary of War.
The owners of said bridge may also charge and receive reasonable compensationTolls.*Proviso.*Regulations. or tolls for the transit over said bridge of all wagons, carriages, vehicles, animals, and foot passengers: *Provided,* That the Secretary of War may at any time prescribe such rules, regulations, and rates of toll for transit and transportation over said bridge as may be deemed proper and reasonable. Sec. 2. ThatConstruction. any bridge built, under the provisions of this Act may, at the option of the corporation building the same, be built as a drawbridge,*Provisos.*High bridge. or with unbroken or continuous spans: *Provided,* That if the same shall be made of unbroken or continuous spans, it shall not be in any ease of less elevation than fifty feet above extreme high-water mark as understood at the point of location, to the lowest part of the superstructure, with straight girders, nor shall the spans of said bridge be less than three hundred feet in the clear at low-water mark; and the piers of said bridge shall be parallel with the current of the river at high water, and the main spans shall be over the main channels of the river:Drawbridge. *And provided also,* That if a bridge shall be built under this Act as a drawbridge the same shall be constructed as a pivot drawbridge, with one or more draws, as the Secretary of War may prescribe, and with spans of not less than two hundred feet in length in the clear on each side of the central or pivot piers of the draws, and the next adjoining spans over the river to the draw shall not be less than two hundred and fifty feet, in the clear, measured at low water; and said span shall not be less than ten feet above extreme high water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river at high water: *And provided also,*Opening draw.
That said draw shall be opened promptly, upon reasonable signal, without unnecessary delay, for the passage of boats and rafts; and said company or corporation shall maintain, at its own expense,Lights, etc. from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe, and such sheer booms or other structures as may be necessary to safely guide vessels, rafts, or other water craft safely through said channel spans or draw openings, and as shall be designated and required by the Secretary of War: *And provided further,*Permanent channel.
That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said object, but shall not impede or obstruct the navigation of said river, and shall be liable in damages for all injuries to private property, and all plans for such works or erections upon the banks of the river shall first be submitted to the SecretaryPosition. of War for his approval: *And provided further,* That any bridgeFIFTY-FOURTH CONGRESS.
Sess. I. Chs. 53–55. 1896.57 built under the provisions of this Act shall be at right angles to the current of the river at high water. Sec. 3. That no bridge shall be erected or maintained under theSecretary of War to approve plans, etc. authority of this Act which shall at any time substantially or materially obstruct the free navigation of said river: and the said company shall submit to the Secretary of War for his approval drawings showing the plan and location of said bridge, and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navigation and are approved by him the bridge shall not be commenced or built: and any change in the plan of such construction or any alteration in the bridge after its construction shall be subject to the like approval; and whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby authorized to cause such change or alteration of said bridge to be made as willChanges. effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge, or the persons operating or controlling the same: and in case of any litigation arising from any obstruction orLitigation. alleged obstruction to the free navigation of the Missouri River, at or near the crossing of said bridge, caused or alleged to be caused thereby, the cause shall be commenced and tried in the circuit courts of the United States of either judicial district of South Dakota in which the said bridge or any portion of such obstruction touches.
Sec. 4. That any bridge built under this Act and according to itsLawful structure and post route. limitations 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 transportation over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to such bridge. The United States shall also have the right to construct, without charge therefor, telegraph or telephone lines across said bridge.
Sec. 5. That Congress may at any time alter, amend, or repeal thisAmendment, etc. Act. 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 hereof. Approved, March 13, 1896. Chapter 54: Regulating proof of death in certain Pension cases. 29 Stat. 57 1896-03-13 Chapter 54 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Chapter 53
To authorize the construction of a bridge across the Missouri River at or near Chamberlain, South Dakota
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