Chapter 565. To authorize the construction of a bridge across the Missouri River between Lyman County and Brule County, in the State of South Dakota
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CHAP. 565.— An Act To authorize the construction of a bridge across the Missouri River between Lyman County and Brule County, in the State of South Dakota. February 9, 1905. [[S. 6834](/us/bill/58/s/6834).] [[Public, No. 64](/us/pl/58/64).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the White River Valley Missouri River. White River Valley Railway Company may bridge, at Chamberlain, S. Dak. Pontoon, etc., railroad bridge.
Railway Company, its successors and assigns, be, and are hereby, authorized to construct and maintain a pontoon and pile railroad bridge, and approaches thereto, across the Missouri River, extending from some convenient and practicable point to be selected on the west bank of said river in the county of Lyman and some convenient and practicable point in or near the city of Chamberlain, in Brule County, in the State of South Dakota, said bridge to be constructed so as to provide for the passage of railroad trains, engines, and cars.
Sec. 2. That said bridge shall be constructed as a pontoon and pile Draw span. bridge and shall contain one pontoon draw span not less than three hundred feet in length in the clear, which draw span shall be maintained over the main channel of said river at an accessible and navigable point, and the remaining portion of said bridge may be constructed as a pile bridge; and said bridge shall be at right angles to the current of the river: *Provided*, That said draw shall be opened *Proviso*.
Opening draw. promptly by said company upon reasonable signal for the passage of boats and it shall maintain, at its own expense, from sunset to sunrise, Lights, etc. such lights or other signals on said bridge as the Light-House Board shall prescribe. Sec. 3. That the bridge constructed according to the provisions of Lawful structure and post route. this Act shall be a lawful structure, and the same is hereby declared to be a post route, and no higher charge shall be made for the transporta tion of the mails, the troops and munitions of war of the United States over the same, or for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to said bridge; and the United States shall Telegraph, etc., rights. have the right of way across said bridge and its approaches for postal telegraph, and telephone purposes, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies. 712 Sec. 4.
Use by other roads. That all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage over the same and in the use thereof and of the approaches thereto under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. Sec. 5. Secretary of War to approve plans, etc. That the bridge herein authorized shall be located and constructed under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe, and said company shall submit to the Secretary of War, for his examination and approval, a design and drawings showing the plan of said 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, the direction and strength of the current, and the soundings, accurately showing the bed of the stream, the location of any other bridge in that vicinity, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until said plan and location are approved by the Secretary of War the said bridge shall Changes. not be commenced or built; and should any change be made in the plan of said bridge during the progress of construction or after completion such change shall also be subject to the approval of the Secretary Unobstructed navigation. of War; and the said bridge shall at all times be so kept and maintained as to afford reasonable and proper means for the passage of vessels through the same, and whenever the said bridge shall, in the opinion of the Secretary of War, unreasonably obstruct the navigation of said river he is hereby authorized to cause the removal thereof or such changes and alterations therein as may be required to preserve the free and convenient navigation of said river, and such removal or such alterations shall be at the cost and expense of the owners thereof;
Litigation. and in case of any litigation arising from the obstruction by said bridge to the free navigation of said river, or for the purpose of compelling the removal or any alterations thereof, as hereinbefore provided, the same may be had in the district court of the United States for the district of South Dakota, in whose jurisdiction said bridge is located: *Proviso*. Existing laws not affected. *Provided*, That nothing in this Act shall be so 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. 6. Time of construction. That this Act shall be null and void if the actual construction of the bridge herein authorized shall not be commenced within one year and completed within three years from the date this Act takes effect. Sec. 7. Amendment. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 9, 1905.