Chapter 1361. To authorize the construction of a bridge across the Missouri River between Walworth and Dewey counties, in the State of South Dakota
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CHAP. 1361.— An Act To authorize the construction of a bridge across the Missouri River between Walworth and Dewey counties, in the State of South Dakota. April 2, 1906. [[S. 5184](/us/bill/34/s/5184).] [[Public, No. 80](/us/pl/34/80).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Chicago, MilwaukeeMissouri River, S. Dak.Chicago, Milwaukee and Saint Paul Railway Company may bridge.Location. and Saint Paul Railway Company, it successors and assigns, he, and are hereby, authorized to construct and maintain a railroad bridge and approaches thereto across the Missouri River, extending from some convenient and practicable point to be selected on the east bank of said river in the county of Walworth to some convenient and practicable point on the west bank of said river in the county of Dewey, in the State of South Dakota.
Sec. 2. That the said bridge shall have two or more channel spans,Construction of spans. located over the main channel of the river, and not less than three hundred and fifty feet in the clear between the piers at low water, and at not less elevation than fifty feet above standard high water to the lowest member of the said channel spans, nor shall any of the other spans over the waterway be less than three hundred feet in the clear between the piers at low water, and the piers of said bridge shall be substantially parallel to the current of the river at high water.
Sec. 3. That the bridge herein authorized shall be located and constructedSecretary of War to approve plans, etc. 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 approval, 96a plan of said bridge and a map of the. location, showing for one mile above and one mile below the proposed location the topographs of the banks of the river, the shore lines at high and low water, the direction and strength of the current, soundings showing the bed of the stream, the location of any other bridge in that vicinity, and such other information as may be required for a full and satisfactory understanding of the subject; and until such plan and location are approved by the Changes.Secretary of War the said bridge shall 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 of War.
Sec. 4. Lawful structure and post route.That the bridge and its accessories constructed according to the provisions of 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 transportation of the mails and the troops and munitions of war of the United States over the same than the rate per mile paid for their transportation over the railroads leading to said bridge; and the United States shall have the right of way across said bridge and its Telegraph, etc., rights.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.
Sec. 5. Use by other roads.That all railroad companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of railroad trains over the same and 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. 6. Unobstructed navigation.That the said bridge herein authorized to be constructed shallUnobstructed navigation. be kept and maintained so as to secure at all times reasonable and proper provisions for the passage of vessels through the same, Lights, etc.and there shall be maintained on said bridge by the company aforesaid, from sunset to sunrise during the season of navigation, such lights as the Light-House Board shall prescribe; and such changes shall be made from time to time in said bridge, and at the expense of the company aforesaid, as the Secretary of War may direct in order to preserve Litigation.the free navigation of said river: and in case of any litigation arising by reason of the construction and maintenance of said bridge, the same may be tried in the circuit or district courts of the United States for the district of South Dakota, in whose jurisdiction said *Proviso.*Existing laws not affected.bridge is located: *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. operation of the same.
Sec. 7. Temporary bridge authorized.That power and authority are hereby granted to the said Chicago, Milwaukee and Saint Paul Railway Company to construct a temporary bridge across said Missouri River adjacent to the location of said permanent bridge hereinbefore authorized, to be used by said company in the construction of its said railway and bridge, and of transporting across said river material and supplies needed there for. Said temporary bridge shall be constructed subject to the same regulation and control by the Secretary of War as is hereinbefore provided for said permanent bridge, and with such an opening for the Removal of.purposes of navigation as he may prescribe.
Said temporary bridge shall be removed by said Chicago, Milwaukee and Saint Paul Railway Company as soon as said permanent bridge is completed and ready for use. Sec. 8. 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. 97 Sec. 9. That the right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved.
Approved, April 2, 1906.