Chapter 1138. To authorize the construction of a bridge across the Missouri River between Wanbliska, in Burleigh County, and Morton County, in the State of North Dakota
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CHAP. 1138.— An Act To authorize the construction of a bridge across the Missouri River between Wanbliska, in Burleigh County, and Morton County, in the State of North Dakota. April 11, 1904. [[S. 4124](/us/bill/58/s/4124).] [[Public, No. 97](/us/pl/58/97).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Missouri River. Wanbliska Bridge Company may bridge, at Wanbliska, N. Dak. That the Wanbliska Bridge Company, a corporation duly organized and existing under the laws of the State of North Dakota, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, across the Missouri River between Wanbliska, in Burleigh County, in the State of North Wagon and foot bridge.
Dakota, and Morton County, in the State of North Dakota. Said bridge shall be constructed to provide for the passage of wagons and vehicles of all kinds, animals, and foot passengers for such reasonable Toll. rates of toll and under such reasonable rules and regulations as may be prescribed by said corporation and approved by the Secretary of War. Sec. 2. Lawful structure and post route. That any bridge built under this Act and subject to its 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 the munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highway leading to said Telegraph, etc., rights. bridge.
The United States shall also have, the right to construct, without charge therefor, telegraph and telephone lines across and upon said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies. Sec. 3. Pontoon bridge. That said bridge shall be constructed as a pontoon bridge, and shall contain a drawspan giving a clear opening of not less than three hundred feet in length, which drawspan shall be maintained over the main channel of the river at an accessible and navigable point; and said bridge, other than the drawspan, shall be at right angles to *Provisos*.
Opening draw. the current of the river at high water: *Provided*, That the said draw shall be opened promptly by said company upon the reasonable signal Lights, etc. for the passage of boats and rafts; and said company or corporation shall maintain at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. Unobstructed navigation. No bridge shall be erected or maintained under the authority of this Act which shall at any time unreasonably obstruct the free 167 navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, unreasonably obstruct such navigation, he is hereby authorized to cause the entire removal thereof, or such change or alteration of such bridge to be made as will Changes. effectually obviate such obstruction, and all such alterations shall be made and all such obstructions shall be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising Litigation. from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of North Dakota in whose jurisdiction any portion of said obstruction or bridge may be located: *Provided further*, That nothing in this Act Existing laws not affected. shall be construed as to repeal or modify any of the provisions of the law now existing in reference to the protection of the navigation of rivers or to exempt this bridge from the operations of the same.
Sec. 4. That any bridge authorized to be constructed under this Act Secretary of War to approve plans, etc. shall be built and located, under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location, giving for the space of one mile above and one mile below the proposed location the topography of the banks of the river, the shore lines at high and low water, and the soundings, accurately showing the bed of the stream, and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built, and should any change be made in the plans of said bridge during the progress of its construction or after completion such changes shall be subject to the approval of the Secretary of War.
Sec. 5. That this Act shall be null and void unless the bridge herein Time of construction. authorized be commenced within one year and completed within three years from the date hereof. Sec. 6. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, April 11, 1904.