Chapter 545. To authorize the Mercantile Bridge Company to construct a bridge over the Monongahela River, Pennsylvania, from a point in the borough of North Charleroi, Washington County, to a point in Rostraver Township, Westmoreland County
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CHAP. 545.— An Act To authorize the Mercantile Bridge Company to construct a bridge over the Monongahela River, Pennsylvania, from a point in the borough of North Charleroi, Washington County, to a point in Rostraver Township, Westmoreland County. March 14, 1904. [[H. R. 3578](/us/bill/58/hr/3578).] [[Public, No. 50](/us/pl/58/50).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Monongahela River, Pa. Mercantile Bridge Company may bridge.
That the Mercantile Bridge Company, a proposed company for which application for a charter and letters patent has been made to the governor of the State of Pennsylvania by Tom P. Sloan, John Percival, B. C. Sloan, A. II. Nelson, and Henry Sheets, is hereby authorized to construct, maintain, andLocation. operate a highway bridge across the Monongahela River from a point in the borough of North Charleroi, county of Washington and State of Pennsylvania, to a point on the opposite side of the river, in the township of Rostraver. county of Westmoreland and State of Pennsylvania.
The said bridge, when built in accordance with this Act, shall be a legal structure and may be used for all the purposes of a highway bridge. Sec. 2. That the channel span of any bridge built under the provisionsConstruction. of this Act shall not be less than fifty-four feet above the level of the water at pool full in said river, measured to the lowest part of the superstructure thereof, nor shall the said span be less than three hundred feet in length in the clear, and the piers of the bridge shall be81 parallel with the current of the river, and the said span shall be over the main channel of the river at ordinary water: *Provided,* That any bridge*Proviso*.Lawful structure and post route. constructed under this Act and according to its limitations shall be a lawful structure and shall be known and recognized as a post route, and the same is hereby declared to be a post route, upon which also no higher charge shall be made for the transportation over the same of the mails, the troops, or munition of war of the United States than the rate per mile paid for transportation over railroads and public highways leading to the said bridge.
Sec. 3. That the bridge authorized to be constructed under this ActUnobstructed navigation. shall be so located and built that navigation under it shall be reasonably free, easy and unobstructed, and to secure that object the bridge company 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 three-fourths of a mile above the proposed location the depths and currents at all points of the same and the depths and the currents as far below the proposed location as he may require, and also give the location of any other bridge for three-fourths of a mile above and below the proposed location, together with all other information touching the said bridge and river as may be deemed requisite by the Secretary of War to determine whether said bridge when built will conform to the provisions of this Act and cause any unreasonable obstruction to the navigation of the river or injuriously a fleet the flow of water.
Sec. 4. That the Secretary of War is hereby authorized and directed,Secretary of War to approve plans, etc. upon receiving said plan and map, and upon being satisfied that a bridge built upon such a plan and at said locality will conform to the provisions of this Act and cause no unreasonable obstruction to the navigation of the river or injuriously affect the flow of water, to notify said company that he approves the same: and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location.
But until the Secretary of War shall approve the plan and location of the said bridge and notify the said company of the same in writing the bridge shall not be commenced; and no change shall be made in the approved plan of the bridge during the progress of the work thereon or after completion. unless such change is approved by the Secretary of War. Sec. 5. That said bridge shall be constructed and used for the passageWagon, street-car, and foot bridge. of wagons and vehicles of all kinds, for the transit of animals and foot passengers, for the erection and maintenance thereon of telegraph and telephone wires, and the passage and operation of street ears over the same for such reasonable rates of toll as may be fixed by the laws of the State of Pennsylvania, or may be agreed upon between the bridge company and such persons or corporations using the same where the rates of toll are not fixed by law; and in case the parties interested shall fail to agree on the sum to be paid and on the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall, upon the application of either party, be determined by the circuit court of the United States in and for any district in which any portion of said bridge may be.
The United States shall also have the right of way over said bridge for postal telegraph and telephone purposes: *Provided,* That all street-railroad companies desiring the*Proviso*.Use by street railroads. use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto, and all telephone and telegraph companiesTelegraph, etc. rights. shall be granted equal rights and privileges in the construction and operation of their lines across the bridge.
Sec. 6. That said bridge herein authorized to be constructed shallLights, etc. so be kept and managed at all times as to afford proper means and ways for the passage of vessels, barges, or rafts, both by day and by82 night, and there shall be displayed on said bridge by the owners thereof, from sunset to sunrise, such lights or other signals as the Light-House Board may prescribe; and such changes shall be made fromChanges. time to time in the structure of said bridge, by the owners thereof at their own expense, as the Secretary of War may deem necessary and order in the interest of navigation; and in case of any litigationLitigation. arising from any alleged obstruction to the navigation of any of said rivers created by the construction of any bridge under this Act, the cause or question arising may be tried before the circuit court of the United States in and for any district in which any portion of said obstruction or bridge may be: *Provided*, That nothing in this Act*Proviso*.Existing laws not affected. shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt said bridge from the operation of same.
Sec. 7. That this Act shall be null and void unless the constructionTime of construction. of said bridge shall be commenced within one year and completed within three years from the passage of this Act. Sec. 8. That the right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, March 14, 1904.