Chapter 782. To authorize the construction of a railroad bridge across the Mississippi River at Saint Paul, Minnesota
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CHAP. 782.— An Act To authorize the construction of a railroad bridge across the Mississippi River at Saint Paul, Minnesota. June 6, 1900. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the South Saint PaulSouth St. Paul Belt Railroad may bridge Mississippi River. Belt Railroad Company, a corporation duly organized and incorporated under the laws of the State of Minnesota, its successors and assigns, be, and is hereby, authorized to construct and maintain a bridge for the passage of railroad traffic, and also, at the option of the said rail-road company, for the passage of vehicles of all kinds, animals, and foot passengers, across the Mississippi River at a point suitable to theLocation. interests of navigation, and between the crossing of the south line of section four of township twenty-eight, range twenty-two, and the crossing of the north and south center line of section five of the same township, and within the incorporated limits of the city of Saint Paul, Minnesota; that the location and plan of construction of said bridgeSecretary of War to approve plans. shall be subject to the approval of the Secretary of War, and until decided by him to be such as will not materially affect the interests of navigation the said bridge shall not be built.
And there shall be submitted to the Secretary of War, for his examination and approval, a plan of the proposed bridge and a map of the location thereof, giving, for a distance of a mile above and below the proposed location, the topography of the banks of the river, the shore line at high and low water, the direction of the current, and soundings accurately showing the bed of stream, and the location of any other bridge or bridges; andshould any change be made in the plan of the said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War; and the said bridge shall at all times be so keptAids to navigation. and maintained, and provided with protection piers and sheer booms, so as to offer reasonable and proper means for the passage of vessels and other floating craft through or under said structure; and for theLights. safety of vessels passing at night there shall be displayed on said bridge, from the hours of sunset to sunrise, such lights as may be prescribed by the Light-House Board; and the said structure shall beChanges. changed, at the cost and expense of the owners thereof, from time to time, as the Secretary of ar may direct, and as may be necessary to preserve the free and convenient navigation of said river.
That saidNot to obstruct navigation. bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigation arising from any obstruction,Litigation. or alleged obstruction, to the said free navigation of said river, the cause may be tried before the circuit court of the United States in and for the district in which the said bridge is located: *Provided,* That*Proviso.*Existing provisions of law unchanged, etc. nothing herein contained shall be construed as repealing or modifying any of the provisions of law now existing in reference to the protection of the navigation of rivers, or as exempting this bridge from the operations of the same.
Sec. 2. That said bridge shall be constructed either as a high-levelDraw. bridge without a drawspan, or a low-level bridge with a drawspan, as the said railroad company may elect. If constructed as a high-level bridge, the main span over the navigable channel of the river shall be of such length as will give a clear width of waterway at low-water level of not less than three hundred and fifty feet, and a clear head-room under the full length of said span of not less than fifty-five feet above extreme high-water level; if constructed as a low level bridge, there shall be a drawspan with openings under each arm thereof, giving such clear widths of waterway, not less than one hundred and eighty feet each, as in the opinion of the Secretary of War are required by the interests of navigation; the remaining spans, if either of a high or low level bridge, shall each give a clear width of waterway not less than one hundred and fifty feet at the low-water level of the river, and a clear headroom not less than ten feet above extreme high-water mark. 276 Sec. 3.
Toll.That said South Saint Paul Railroad Company shall have the right to charge and collect a reasonable rate of toll for the passage across said bridge of all railroad and other vehicles, animals, and foot *Proviso.*Rights of railroads to use.passengers, subject to approval of Secretary of War: *Provided,* That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of trains or cars over the same and over the approaches thereto upon the payment of a reasonable compensation for such use; and in case the owner or owners of such bridge and the several companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon 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 a hearing of the allegations and proofs of the parties; and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies.
Sec. 4. Commencement and completion.That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years of the date of approval thereof. Sec. 5. To be lawful structure and post route.That the bridge built under this Act and subject to its limitations shall be a lawful structure, and shall be known and recognized as a post route upon which also no higher charge shall be made for the transportation over the same of the mail, the troops and munitions of war of the United States than the rates per mile paid for transportation over railroads or public highways leading to the said bridge, and it shall enjoy the rights and privileges of other post roads in the United States.
Sec. 6. Amendment.That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 6, 1900.