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(second EDITroN. COMPILED IN THE 'OFFICE OF THE CHIEF OF ENGINEERS, U. S. ARMY, |UNDER THE DIRECTION OF J O HN G. PA R R. E. CoLONEL OF ENGINEERs, Bvt. MAJ. GEN., U. S. A. WASHINGTON: GOVERNMENT PRINT IN G OFFICE. 1887. 1574 BR transpºrtation tº ºbtaſy *...* TG -, *, *, ** 2.2% ..º- , A 5 | 3 & 7 re-t- tº OFFICE OF THE CHIEF of ENGINEERs, UNITED STATES ARMY, Washington, D. C., January 9, 1882. GENERAL: In the discharge of duties pertaining to the Biver and Barbor Division of this office it has been found necessary to make fre- quent reference to the Statutes at Large for acts of Congress relating to bridging navigable waters of the United States. * Much time being required in searching through the various volumes for any special act, it was deemed advisable to have all the acts relating to the subject of bridges compiled and collated, with a view to their being printed and published in one volume. I have the honor to submit herewith such a compilation, embracing, it is believed, all the acts and resolutions found in the volumes of the Statutes published to date, and to suggest that the necessary authority be procured for printing three hundred copies for the use of the Engineer Department. I am under great obligations to Mr. P. J. Dempsey, of this office, for his intelligent and efficient aid in the preparation of the compilation. Very respectfully, your obedient servant, JOHN G. PARKE, Lieut. Col., Corps of Engineers, Bot. Maj. Gen., U. S. A. General H. G. WRIGHT, Chief of Engineers. [First indorsement.] OFFICE CHIEF OF ENGINEERs, U. S. ARMY, January 9, 1882. Respectfully submitted to the honorable the Secretary of War ap- proved, with the recommendation that authority be given for printing on the usual requisition. w H. G. WRIGHT, Chief of Engineers, Brig. and Bvt. Maj. Gen. [Second indorsement.] Approved : By order of the Secretary of War. H. T. CROSBY, Chief Clerk. WAR DEPARTMENT, January 12, 1882. (3) LAWS OF THE UNITED STATES RELATING TO THE CONSTERUCTION OF BRIDGES OVER * NAVIGABLE WATERS OF THE UNITED STATES, FROM MIARCHI 2, 1805, to MIAIRCE [ 3, 1887. [The volume and page of the Statutes at Large containing the law are indicated in the margin.] CHAP. 30.-An Act to authorize the erection of a bridge across a Mar. 2, 1805. mill pond and marsh in the Navy Yard, belonging to the United vol. 2, p. 380. States, in the town of Brooklyn, in the state of New York. —-tº- Be it enacted by the Senate and House of Representatives of President au: the United States of America in Congress assembled, That the:*:::: President of the United States be, and he hereby is author- ºpening and im; tº º: * & 8 º' * : , proving a road ized, by a proper instrument in writing under his hand, in #3: "Broojº, due form, to grant to such person or persons, or body cor- §.”y; ; porate, by their proper name of incorporation, as shall be erect a bridge authorized by an act of the legislature of the State of New ...;; York, to open and improve a road from Brooklyn ferry, in the U.S. in said that State, along the shore of the Wallaboght, to Bushwick,” “ to erect a bridge across the mill pond and marsh, being part of the Navy Yard belonging to the United States, in the said town of Brooklyn, and to maintain such bridge under such restrictions and on such conditions as he shall prescribe: Provided nevertheless, that if, at any future time, Proviso. it shall appear to the President of the United States, that the property of the United States is injured by such bridge, he may revoke the permission granted by him for erecting the same : And provided also, That no toll shall be demanded at any Proviso. time for any article the property of the United States which may be conveyed to or for their use, over or across the said bridge, or from any person or persons employed in the said navy yard, who may pass or repass on the said bridge. Approved, March 2, 1805. (5) 6 LAWS RELATING TO CONSTRUCTION OF BRIDGES Feb. 5, 1808. CHAP. 15.-An Act authorizing the erection of a bridge over the Vol. 2, p. 457. river Potomac, within the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Names of per; following persons, viz: Robert Brent, Daniel Carroll, of *...*.*.* Duddington, Thomas Monroe, James D. Barry, Frederick missioners for re-May, Samuel Harrison Smith, Jonah Thompson, Jonathan tºº Swift, Thomas Vowell, Cuthbert Powell, Elisha Janney, and Charles Alexander, or any seven of them, be, and they are hereby constituted a board of commissioners with full power and authority to open, or cause to be opened, books for receiving and entering subscriptions for raising a capital stock, not exceeding two hundred thousand dollars, in shares of one hundred dollars each, for the purpose of site of the erecting a bridge over the river Potomac, between the city bridge. of Washington and Alexander's island, and making such other ificidental works, and defraying such other incidental expenses, as shall be required by this act, or deemed nec- essary or expedient by the company hereinafter named ; the time, place and manner of receiving and entering such subscriptions, to be ascertained by the said board of com- missioners, and duly advertised in such gazettes, as they may deem expedient: Provided, That the time to be fixed Books to be upon by the said board of commissioners, for opening books gº for receiving the said subscriptions, shall be on or before July, 1808. the first Monday in July next, and that no subscription shall be received, unless the sum of ten dollars be first paid into the hands of the person authorized to receive the same, * On each share subscribed for. * The company SEC. 2. And be it further enacted, That whenever nine- :::::::::::::... teen hundred of the said shares shall be subscribed for, all persons who may then be, or thereafter may become, the actual holders or proprietors of shares in the said capital stock, either as subscribers for the same, or as the legal representatives, successors, or assignees of such subscribers, shall be, and they are hereby made and created a body Name of the politic and corporate, by the name and style of “The Wash- Company. ington Bridge Company,” and by that name may sue, and ...tº powers be sued, implead, and be impleaded, and do and suffer all C., &C. acts, matters and things, which a body politic and corporate may lawfully do and suffer; and may have a common seal, and the same may break and alter at pleasure, and may make all by-laws, rules, regulations and ordinances for the good government and well being of the said company, and for carrying into effect the objects of their institution, so that such by-laws, rules, regulations or ordinances, be not repugnant to the laws of the United States, in force within the district of Columbia. A meeting of SEC. 3. And be it further enacted, That when nineteen :*:::::::#; hundred of the said shares shall be subscribed for, as afore- ºf said, or as soon after as may be, the said board of commis: 3.” “sioners shall call a meeting of the company, at the city of Washington, by public advertisement, in one or more gazettes, published in Washington, Alexandria, or George- town, appointing a fit and convenient time and place of meeting, for the purpose of electing five directors, a clerk ** OWER NAVIGABLE WATERS OF THE UNITED STATES. 7 and a treasurer, and such other officers, agents and servants, as the said company may think fit to appoint, and for trans- acting any other business in pursuance of this act and ap- pertaining to the nature and objects of the institution of the said company; and the said board of commissioners shall, if necessary, adjourn the Said meeting from time to time, Meetings may until a quorum shall be formed; and a majority of the said.º.º. company, or the proprietors of two-thirds of the number of #...i shares actually subscribed for, their legal representatives, ** successors, or proxies, shall be a quorum to do business; and the said board of commissioners, before opening the said subscription books, shall ascertain and publish, in their said advertisement, a fit and convenient mode of authenticating all powers of attorney authorizing subscriptions to be made in the name of any person or persons; and before Calling a meeting of the said company, shall ascertain and publish in their advertisement, a fit and convenient mode of authenticating all instruments of writing authorizing any person or persons, to act and vote at such meeting, as the proxy or proxies of any member of the said company; all of which powers of attorney and instruments of writing shall be filed with the clerk of the said company, and by him be safely kept among the records and documents ap- pertaining to his office; and as soon as a quorum of the said company, and a board of directors shall be formed, as aforesaid, all the powers, authority, and duties whatsoever, by this act vested in the said board of commissioners, shall cease and determine, and thenceforward become vested in All the powers the directors, for the time, being, of the said company, º, .º.º. under Such limitations and restrictions, as the said com- the directors. pany may think fit to prescribe; and the said board of Commissioners shall account to the said company, at the first meeting of the same, for all monies received by them Or their agents, on account of such subscriptions, and shall immediately pay over the same to the treasurer of the said Company, or to such other person or persons, as the said Company may direct and appoint: the said company, never- theless, to allow all just credits for monies actually and nec- essarily expended by the said board of commissioners, in the execution of their said trust and duties. SEC. 4. And be it further enacted, That there shall be an- Directors to be nually holden, on the first Monday in January, a meetingº,'..." of the said company, for the purpose of electing five direct- ors, a clerk, and a treasurer; and the said company shall have power, at any meeting, legally called and constituted, in pursuance of this act, to displace any of their directors or officers, and to supply by a new election or appointment all vacancies that may happen among the directors or offi- cers of the company; and the said company shall have Directors may power to prescribe and regulate the powers and duties of; i.e. i. the said directors, and of all other officers of the company; rectors. and a majority of the said directors may, from time to time, elect one of their body as a president, and may provisionally Supply, by their own election, any vacancies that may hap- pen among the number of directors, or among any of the officers of the company, and the persons so elected by the 8 LAWS RELATING TO CONSTRUCTION OF BRIDGES said directors may continue in office till the next legal meeting of the company; and the directors of the said com- pany, to be elected, in pursuance of this act, shall, unless Sooner displaced by the said company, continue in office until the first Monday in January next, succeeding their election, and from that time until a new election shall be made by the said company. A meeting of SEC. 5. And be it further enacted, That a meeting of the *º said company may, at any time, be called by a majority of tºº. the directors of the company, for the time being, and by * * * one-third of the members of the said company, or by the proprietors of one-third of the shares actually subscribed for, or the legal representatives or successors of such mem- aft ; º bers or proprietors: Provided however, That no meeting of #e j tº the Said company shall be legal, or valid, unless a quorum be a quorum shall be formed, consisting of the majority of the members of the said company, or of the proprietors of at least two- thirds of the number of shares actually subscribed for, their legal representatives, successors or proxies, nor unless the place (being within the city of Washington) and the time of such meeting be previously advertised for three weeks successively, in one or more gazettes in the city of Wash- ington, Alexandria or Georgetown. Shares made SEC. 6. And be it further enacted, That the said shares ;ie.” shall be negotiable and transferable from one to another by assignments in writing, executed before two witnesses at the least, and authenticated, and registered, as the said Company may prescribe and direct in their by-laws and regulations. Mode of recov. SEC. 7. And be it further enacted, That in suits at law ;" against the said company, the first process shall be a sum- mons, to be served on the president, or any one or more of the directors of the said company; upon the service and return of which summons, if no appearance shall be entered for the said company, at the return term, the court may Order the general issue to be entered on the record, and may proceed to trial and judgment, in like manner, as if an appearance had been entered, and the issue made up by the said company; and if judgment shall be recovered against the said company, the court may order the usual process of execution, or a special writ to attach the money, goods, . - chattels, debts, choses in action, and tolls in the hands of any officer of the said company, or of any other person; and such attachment shall operate on the tolls thereafter to be received, which may [be] collected by a person specially appointed by the court, for the use of the plaintiff recover- ing such judgment, until such judgment shall be satisfied, and the court may make such further or other order for enforcing the payment of such judgment, as may be con- sistent with the practice and powers of such court, as a court gº of law or equity, and that the shares in said company shall Shares to be be deemed personal and not real property, and transferable ; "in such manner as the company shall direct; and that the shares held by any individual shall be liable to be attached or taken by fieri facias, to satisfy the debts due from such individual in like manner as other personal property may be. OVER NAVIGABLE WATERS OF THE UNITED STATES. 9. SEC. 8. And be it further enacted, That the amount of Mode of paying each share shall be paid by instalments of ten dollars at "P"* such time as the said company shall direct; and in case any instalment or instalments shall not be paid at the time appointed by the said company, or within ten days there- after, the same may be recovered, in the name of the said company, by warrant from a justice of the peace, if the amount due shall not exceed twenty dollars; and if the sum so due shall exceed twenty dollars, the same may be recoV- ered by motion, in the name of the said company, on ten days' notice, in any court of record in the county or district where the debtor shall be found; and in all such warrants and motions, the certificate of the clerk of the said com- pany, authenticated by the president, under the common seal of the said company, shall be conclusive evidence of the defendant’s being a member of the company, and prima facie evidence of the amount due on the shares held by such defendant. And if such instalment or instalments be not paid within sixty days, after the time limited for the payment of the same, and advertised for four weeks suc- cessively, in one or more gazettes, published in Washington, Alexandria or Georgetown, the president and directors of the said company may proceed to forfeit, for the use of the company, the share or shares of the person or persons, SO failing to pay. SEC. 9. And be it further enacted, That the said company, Dimensions of be, and they are hereby authorized and empowered to erect;...&#. and build, or to cause to be erected and built, over the river Maryland ave- Potomac, between the termination of Maryland avenue and “” &c. Alexander's island, a good and sufficient bridge, at least thirty-six feet wide, of sound and suitable materials, and in all respects adequate for the passage of travellers, horses, cattle and carriages, with a secure railing on each side at least four feet high; of which width six feet on one side shall be appropriated to the purpose of a way for foot pas- sengers, and shall be separated from the carriage way by a good and sufficient railing at least four feet high. SEC. 10. And be it further enacted, That the said company A draw and shall cause to be built and kept and maintained in good re-Yº' tº: pair, a convenient and sufficient draw or passage way, at least proper order. thirty-five feet wide, in the said bridge, over the main chan- nel of the river, for the passing and repassing of vessels, by day and by night; and shall also cause to be built, and to be kept and maintained in good repair, a well-constructed and substantial wharf erected on piles on each side of the said bridge, and adjoining or near to the said draw, in every respect sufficient for ships and other vessels to lie at se- curely; and all ships, waiting for a passage through the said draw, may lie at such wharves, free of charge, until a suita- ble opportunity offers of passing through the said draw ; and the said company shall, at their own cost, and without toll, cause the said draw or passage way to be hoisted or removed, without delay, for the passage of all ships and mºon"; vessels with masts, that are unable to pass under the same; # ºf and if through the unskilfulness or negligence of the person &c. Or persons employed by the said company, to hoist or re- 10 LAWS RELATING TO CONSTRUCTION OF BRIDGES A second draw to be made across the Mary land channel. Proviso. A survey to be made. Tolls. move the said draw, any ship or vessel shall be unjustly or unreasonably hindered or delayed, or shall be damaged in her hull, spars or rigging, in passing the said draw, the said company shall be liable to the master or the owner or Owners of such ship or vessel, for damages at the rate of six cents per ton of such ship or vessel, for each and every hour such ship or vessel shall be hindered or delayed, and for all damages in her hull, spars and rigging, as aforesaid, to be ascertained and recovered in a special action on the case, in any court of competent jurisdiction; and the said company shall constantly keep the said bridge furnished with twenty good lamps, to be well supplied with oil, and lighted in due season, four of which lamps shall be kept at the said draw, and be kept burning through the night, and the others shall be kept burning until the hour of twelve at night, under the penalty of five dollars for each offence, to be recovered by warrant before any justice of the peace, having jurisdiction, by such person or persons as shall sue for the same. And it shall be lawful for the said company, to cause each leaf of the said draw to be made of the width of twenty feet instead of thirty-six feet, the width of the said bridge; and if at any time hereafter the channel under the said principal draw of thirty-five feet shall change and shift to and under any other part of said bridge, then it shall be the duty of said company at all times to remove the former, and keep a good and sufficient draw of thirty- five feet in width over the main and principal channel, wherever the same shall pass under the said bridge: Pro- vided, that the same shall appear necessary on a survey to be made by three commissioners to be appointed for that purpose by the President of the United States. SEC. 11. And be it further enacted, That the said company shall, in like manner, cause a draw or passage way, at least fifteen feet wide, to be made in the said bridge, across the other channel of the said river, near the eastern shore, com- monly called the Maryland channel, subject to all the re- strictions, penalties and provisions contained in the last pre- ceding section, for keeping and maintaining the draw or passage way over the main channel of the said river, except so far as respects the building of wharves on each side thereof: Provided, The same shall appear necessary on a view and survey thereof, by three commissioners to be ap- pointed for that purpose by the President of the United States. SEC. 12. And be it further enacted, That’as soon as the said bridge and wharves shall be erected and built, and fur- nished and completed, as required by this act, the said com- pany shall be entitled to demand and receive, by their proper agents, servants, or officers, tolls at the following rates, viz. for each foot passenger six cents and a quarter; for each person and a horse, eighteen cents and three-quar- ters of a cent; for each chaise, sulky or riding chair, thirty- seven cents and a half; for each coach, coachee, stage- wagon, chariot, phaeton or curricle, or other riding car- riage, one hundred cents, and the further sum of twelve cents and a half for each horse, more than two, by which OVER NAVIGABLE WATERS OF THE UNITED STATES. 11 such coach, coachee, chariot, phaeton, or curricle, shall be drawn; for each sled or sleigh, thirty-seven cents and a half, and the further sum of twelve cents and a half for each Tolls. horse or other beast, more than two, by which such sled or sleigh shall be drawn; for each four-wheeled wagon, cart, or other four-wheeled carriage of burthen, thirty-seven cents and a half, and the further sum of twelve cents and a half, for each horse or other beast, more than two, by which the same shall be drawn; for each two-wheeled cart, dray, or other two wheeled carriage of burthen, eighteen cents and three-quarters; and the further sum of twelve cents and a half for each horse, or other beast, more than one, by which the same shall be drawn ; for each sheep or swine, three cents; for horses and neat cattle, other than those in teams, drawing sleds, sleighs, or carriages, or those with riders, six cents and a quarter each, and one person only to each team or drove shall be allowed to pass free of toll: Provided, Proviso, that that no toll shall be exacted at said bridge, for the passage ...; for the passage of of any wagon or carriage, laden with the property of the *...*.*. United States, or for the drivers thereof; or for the passage tºº..."; of any troops of the United States, or the militia of anyº State, or the district of Columbia, inarching in a body, or ºf idº ºi any cannon or military equipments belonging to the United; g.:* States; and it shall be the duty of the said company, to keep posted up in some conspicuous place on the said bridge, where the toll is collected, a printed list of the rates of toll allowed by this act; and for every day the same shall be neglected, they shall forfeit and pay one dollar, to be re- covered by warrant, by any person who shall sue for the same : Provided also, That if the number of nineteen hun- Proviso, if nine. dred shares shall not be subscribed within one year from ... .". g * tº s º gº tº shares are not the time of opening subscription books by the commission-subscribed in ers, as hereinbefore directed, or if the said bridge and . . *: wharves be not erected and built, and finished and com- ºleºn iſ: pleted, as required by this act, within five years, from and Rºrič. sº after the first day of October next, or if it should remain at ... • * to any time thereafter, so out of repair, for two years, as to be unsafe for travelling; then and in that case, all the powers, authority, privileges, emoluments, and immunities whatso- ever, by this act granted to the said company, shall cease and determine, and become absolutely forfeited. SEC. 13. And be it further enacted, That it shall be the , Bridge to be duty of the said corporation, as long as they shall be en-iº, "" & """ titled to receive toll at the said bridge, to keep the same in good repair; and if in neglect of their said duty, the said corporation shall at any time suffer the said bridge to be Qut of repair, so as to be unsafe or inconvenient for passen- gers, the said corporation shall be liable to be presented for Penalty. such neglect, before any court of competentjurisdiction, and upon conviction thereof, to pay to the United States a pen- alty not exceeding five hundred dollars, at the discretion of the court; and shall also be responsible for all damages which may be sustained by any person or persons in conse- quence of such want of repair, to be recovered in an action or actions of trespass on the case, in any court competent to try the Same. 12 LAWS RELATING TO CONSTRUCTION OF BRIDGES Limitation of SEC. 14. And be it further enacted, That the toll to be. tolls. taken at the said bridge shall be receivable by the said cor- poration, for and during the term of sixty years, to com- mence from the day when the said bridge shall be opened for passengers; after which time the said bridge shall be the property of the United States, and the said corporation be dissolved. Approved, February 5, 1808. Feb. 22, 1811. CHAP. 23.—An Act to enable the Georgetown Potomac Bridge Com- Vol. 2, p. 648. pany to levy money for the object of its incorporation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the directors of the Georgetown Potomac Bridge Company be, and they are hereby empowered to call a general meeting of the stockholders of said company, to be held at George- town, in the district of Columbia, by causing public notice to be given of the time and place of such meeting, in the National Intelligencer, and in one of the newspapers printed in each of the cities of New York, Philadelphia and Balti- more, in four successive weeks, the last time at least thirty days before the day of holding the said general meeting. tºº. And if at such general meeting, the stockholders present, uilt if agreed to g sº i.”the "stock by themselves or legal representatives, shall determine to holders. rebuild the bridge at or near the little falls of the river Potomac, (for the purpose of erecting which originally was the object of their incorporation,) the holders of two-thirds of the stock represented at that meeting concurring, then it shall and may be lawful for the directors of said company, Assessments Or any two of them, and they are hereby empowered to assess #a. "“ upon and collect from the stockholders of the said company, such sum and sums of money, as shall be necessary to pay its debts already incurred, and to rebuild, make and keep in repair the said bridge, together with the road leading thereto from Georgetown : Provided, That the whole amount of such assessments shall not exceed twenty-five dollars on each share in the stock of said company. And of any such assessment and assessments, the said directors shall give public notice to the said stockholders, by advertising the same in the newspapers aforesaid ; and the sum and sums which shall be so assessed, the said stockholders are hereby required to pay to the said directors, within sixty days after such notice; and on failure thereof, for the space of thirty days after the expiration of the said sixty days, the said directors, or any two of them, are hereby authorized to sell the share or shares of any and every delinquent stockholder; every such sale to be made at public auction in Georgetown aforesaid, on the day specified in said advertisement: Pro- vided, That no more shares shall be sold than shall be deemed necessary to levy the sum and sums of money which shall be assessed as aforesaid; and that the surplus, if any arising on any such sales, shall by the directors aforesaid, be deposited in the Bank of Columbia, for the use of the owner or owners of the share or shares so sold. And the over NAVIGABLE waters of THE UNITED STATES. 13 said directors, or any two of them, shall transfer on the books of the said company, to the purchaser or purchasers, the share or shares so sold, and if demanded give a certifi- cate or certificates thereof, under their hands and Seals, which shall secure to such purchaser or purchasers, a valid title to the Same. Approved, February 22, 1811. CELAP.117.-An act conferring certain powers on the Levy Court for July 1, 1812. the county of Washington, in the District of Columbia. Vol. 2, p.771. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, #: #: -: ; : ; # SEC. 12. And be it further enacted, That the two bridges Bridges, over over Rock creek, immediately between the city of Wash-jºº. ington and Georgetown, shall be kept in repair and rebuilt, in repair at t } in like manner as at present, at the joint expense and cost#.º.; of the said city and Georgetown ; and the sums required §:"" for such repairs or rebuildings shall from time to time be’” ascertained by the said board of commissioners or levy court for the county, and the amount required from each corpora- tion shall be paid over, after sixty days notice, to the treasurer of the county. * SEC. 13. And be it further enacted, That it shall and may The two corpo. be lawful at any time hereafter for the corporation of the i: city of Washington, and the corporation of Georgetown, manent bridge. jointly or separately, and at their joint or separate expense, as the case may be, to erect a permanent bridge across Rock Creek, and between the two places, at such sites as the corporation first choosing to build shall determine and fix upon; and if it should be necessary to obtain private property on which to fix either or both the abutments of the , said permanent bridge or bridges, or for other purposes connected with the work, the said corporation so choosing to build shall have power to agree with the owner or owners for the purchase of such property; and in case of disagree- ment, or in case the owner shall be a feme covert, under age or non compos, or out of the county, the mayor of the said Corporation shall thereupon summon a jury to be colmposed of twelve freeholders, inhabitants of the said county, not related to the said owner, nor in any manner interested, who shall meet on the ground to be valued, at a day to be expressed by the mayor in the said summons, of which ten days notice shall be given by the mayor to the owner or owners of the said ground, or left at his, her or their place of abode, or given to his, her or their guardian, if an infant, or if out of the county, by publishing notice thereof for six weeks in some newspaper printed in the county, and when the jury shall have met pursuant to the aforesaid summons, reach juryman shall swear or affirm, that he will justly, faith- fully and impartially value all the ground held as private property and intended and required to be used or occupied Prºceedings to by reason of the contemplated erection of the permanentſ." ...": bridge, and the amount of damages the proprietor or pro- bridge. 14 LAWS RELATING TO CONSTRUCTION OF BRIDGES prietors of said ground will sustain (taking into view at the same time the benefits which the said proprietor or pro- prietors will derive from the erection of the said bridge). according to the best of his skill and judgment. And the inquisition and valuation thereupon taken, shall be signed by the mayor and seven or more of the said jury, and shall be binding and conclusive upon all parties con- Cerned; and the same shall be transmitted to the clerk of the county, to be by him recorded: and the valuation expressed in the aforesaid inquisition shall be paid or tendered to the owner or owners of the ground so condemned, or his or their legal representatives, by the corporation intending to build Such bridge, within thirty days after such valuation shall have been made, and before any work is commenced on the grounds so valued. Approved, July 1, 1812. March 3, 1815. CHAP. 75.-An Act for the relief of the Eastern Branch Bridge. Vol. 6, p. 152. Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the navy department be, and sº they are hereby authorized and directed to settle the claim to the bridge.” of the Eastern Branch Bridge Company, on account of the injury done their bridge, by an order from the navy depart- ment, by ascertaining, or causing to be ascertained, the value of such injury, in such manner, and upon such terms, as may be just and reasonable. * Appropriation. SEC. 2. And be it further enacted, That the amount thereof, when so ascertained, shall be paid to the president and di- rectors of the said company, out of any money in the treasury not otherwise appropriated, to be applied to the repairing or rebuilding of the said bridge. $º Approved, March 3, 1815. March 3, 1815. CHAP. 78.—An Act for the relief of the Anacosta Bridge Company. Vol. 6, p. 153. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the war department be, and To be compen-they are hereby, directed to audit and settle the claim of the ::::::::::::Anacosta Bridge Company, on account of the injury sus. bridge. tained by them in the destruction of their bridge over the Eastern Branch of the Potomac, by ascertaining, or causing: to be ascertained, the value of the injury thereof, at the time of such destruction, in such manner, and upon such terms, as may embrace the merits of their claim. Appropriation. SEC. 2. And be it further enacted, That the amount of such. valuation, when so ascertained, shall be paid to the said com- pany, or their agent, legally authorized, out of any money in the treasury not otherwise appropriated, upon such com. OVER NAVIGABLE WATERS OF THE UNITED STATES. 15. pany, or owners, releasing to the United States all claim on account of the injury aforesaid, and that the same be applied to the purpose of rebuilding or repairing the said bridge. Approved, March 3, 1815. CHAP. 100.-An Act for the relief of the president and directors of April 26, 1816. the Washington bridge company. Vol. 6, p. 168. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioner to be appointed by virtue of the act, entitled , Commissioner “An act to authorize the payment for property lost, cap- º: tured, or destroyed by the enemy, while in the military serv- bridge company. ice of the United States, and for other purposes,” passed April ninth, one thousand eight hundred and sixteen, be, Act of April 9, and he is hereby authorized and directed to audit and settle * * * . the claim of the president and directors of the Washington bridge company, for the injury done to the south-western end of the said bridge by order of the government, or any of its authorized agents, in August, one thousand eight hundred and fourteen, by ascertaining, or causing to be ascertained, the value thereof, in the manner and form prescribed by the provisions of the aforesaid act. SEC. 2. And be it further enacted, That the amount thereof, Appropriation. when so ascertained, shall be paid to the said president and directors out of any money in the treasury not otherwise appropriated. Approved, April 26, 1816. CHAP. 44.—An Act to incorporate a company to build a bridge over Feb. 24, 1819. the eastern branch of [the] Potomac, between Eleventh and Twelfth Vol.6, p. 225. streets east, in the city of Washington. *-m-m-m-m-m-m-m-m- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following persons, viz: William Prout, William Marbury, W. Prout and Samuel N. Smallwood, Timothy Winn, and Adam Lindsay, ºº, ji". or any three of them, be, and are hereby, constituted a board commissioners to of commissioners, with full power and authority to open, ori.” cause to be opened, books for receiving and entering sub- scriptions, for raising a capitol stock, not exceeding twenty- Capital. five thousand dollars, in shares of one hundred dollars each, for the purpose of erecting a bridge between Eleventh and Twelfth streets east, in the city of Washington, over the eastern branch, to the most convenient landing on the opposite shore, and making such other incidental works, and defraying such other incidental expenses, as shall be required by this act, or deemed necessary or expedient by the company, hereinafter named; the time, place, and manner, of receiving and entering such subscriptions, to be ascertained by the said board of commissioners, and duly * advertised in such newspapers as they may deem expedient : vº. ad- Provided, That the time [to] be fixed upon, by the said Proviso. 16 LAWS RELATING TO CONSTRUCTION OF BRIDGES board of commissioners, for opening books for receiving said subscriptions, shall be on or before the second Monday in March next; and that no subscription shall be received, unless the sum of ten dollars be first paid into the hands of the person authorized to receive the same, on each share Subscribed for. Subscribers SEC. 2. And be it further enacted, That whenever two :*...* hundred of the said shares shall be subscribed for, all per- Sons who may then be, or thereafter may become, the actual holders or proprietors of shares in the said capital stock, either as subscribers for the same, or as the legal represent- atives, successors, or assignees, of such subscribers, shall be, and they are hereby, made and created a body politic and cor- porate, by the name and style of “The Navy Yard Bridge Company ”; and by that name may sue and be sued, implead and be impleaded, and do and suffer all acts, matters, and things, which a body politic and corporate may lawfully do and Suffer; and may have a common seal, and the same may break and alter at pleasure, and may make all by-laws, rules, and regulations, and ordinances, for the good government of Said company, and for carrying into effect the objects of their institution, so that such by-laws, rules, regulations, and ordinances, be not repugnant to the laws of the United States, in force within the District of Columbia. :* $ #: # #: ..º.º., SEO, 7. And be it further enacted, That the said company bid a bridge. be, and they are hereby, authorized and empowered to erect and build, or cause to be erected and built, over the Eastern branch, between Eleventh and Twelfth streets East, in the City of Washington, and the land of William Marbury, on the opposite shore of the said Eastern Branch, a good and sufficient bridge, at least twenty-five feet wide, of sound and suitable materials, and in all respects adequate for the passage of travellers, horses, cattle, and carriages, with a secure railing on each side, at least four feet high. SEC. 8. And be it further enacted, That the said company shall cause to be built, and kept and maintained in good A draw in the repair, a convenient and sufficient draw, or passage way, ibridge. at least thirty feet wide, in the said bridge, over the main channel of the Branch, for the passing and repassing of vessels, by day and by night. And the said company shall, at their own cost, and without toll, cause the said draw or passage way to be hoisted, or removed, without delay, for the passage of all vessels with masts, that are unable to pass under the same; and if, through the unskilfulness or negligence of the person or persons employed by the Said company, to hoist or remove the said draw, any vessel shall be unjustly or unreasonably hindered or delayed, or shall be damaged in her hull, spars, or rigging, in passing the said Company liable draw, the said company shall be liable to the master, or the *...*::::::::: owner or owners, of such vessel, for damages, at the rate of gºals at the six cents per ton of such vessel, for each and every hour *** **, Wºy a such vessel shall behindered or delayed, and for all damages in her hull, masts, and rigging, as aforesaid, to be ascertained and recovered, in a special action on the case, in any court of competent jurisdiction. . sºr OVER NAVIGABLE WATERS OF THE UNITED STATES. 17 SEC. 9. And be it further enacted, That as soon as the said bridge shall be erected and built, and completed as required by this act, the said company shall be entitled to demand The company and receive, by their proper agents, servants, or officers, tolls ºº:: at the following rates, viz: For each foot passenger, three is completed. cents; for each person and a horse, six and one quarter of * of toll. a cent; for carriages, wagons, or carts, seven cents for each wheel, and three cents for each horse, mule, or ox, drawing the same; for every other horse or mule, three cents; for cattle, three cents per head; for hogs and sheep, two cents each : Provided, That no toll shall be exacted at the said Proviso. bridge, for the passage of any wagon or carriage laden with the property of the United States, or for the drivers thereof, or for the passage of any troops of the United States, or the militia of any State, or of the District of Columbia, march- ing in a body, or any cannon, or military equipments be- longing to the United States: Provided also, that if the Proviso. number of two hundred shares shall not be subscribed within one year from the time of opening subscription books by the commissioners, as hereinbefore directed; or if the said bridge be not erected and built, and finished and completed, by this act, within three years from and after the first day of October next; or if it should remain, at any time thereafter, so out of repair, for two years, as to be unsafe for travelling; then, and in that case, all the powers, authority, privileges, emoluments, and immunities, whatsoever, by this act granted to the said company, shall cease and de- termine, and shall become absolutely forfeited. Approved, February 24, 1819. CHAP. 43.--An Act authorizing the completion and repair of certain Mar. 2, 1827. roads in the territory of Florida, and for other purposes. Vol. 4 p. 227. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, $ : ; §§ $ 3& SEC. 3. And be it further enacted, That the additional sum construction of of five thousand dollars be, and the same is hereby, appro-j priated for the completion of the United States military near sº Augus: road from Pensacola to St. Augustine, by the construction” of a bridge across the St. Sebastian's river, near St. Augus- time; * * * and the appropriations aforesaid shall be paid out of any money in the Treasury not otherwise appro- priated. * $ $ § # # Approved, March 2, 1827. CHAP. 36.-An Act for the relief of William Benning. April 28, 1828. Vol.6, p. 375. * Be it enacted by the Senate and House of Representatives of - the United States of America in Congress assembled, That the act of the Legislature of the state of Maryland, en- 1574 BR 2 18 * LAWS RELATING TO CONSTRUCTION OF BRIDGES iftº: titled “An act for erecting a bridge over the Eastern # **ś Branch,” passed at November Session, in the year seventeen #. §§º hundred and ninety-seven, by which a company is incor- , revived and * & re-enacted, &c.” porated, by the name of “The Anacostia Bridge Company,” be, and the same is hereby, revived and re-enacted; and that William Benning, of the city of Washington, in the District of Columbia, his executors, administrators, and assigns, be, and they are hereby, vested with all the powers, rights, and privileges, by the said act of incorporation granted to the said Anacostia Bridge Company, and shall be subject to all the pains and penalties by the act aforesaid imposed on said Company. So long as W. SEC. 2. Amd be it further enacted, That so long as the said #"...º.º. William Benning, his executors, or administrators, or any º, º assignee of the entire stock of the said Company, shall jºurémaiºſ, remain the sole proprietor of the said stock, the sole control .* Pºp” and management of the said Company shall remain and be tº with Such sole proprietor, without the intervention of di- rectors to be elected for that purpose; and, if it shall here- after happen, that the said William Benning, his executors, or administrators, or any assignee of the entire stock of said Company, shall, by assignments of the stock of said Company, to be made as prescribed by the said act of incor- poration, create two or more proprietors, less than five, the interest of the said Company shall be managed by such proprietors as, by agreement or convention, to be entered on the books of said Company, they may think best; but, whenever the number of the said proprietors shall exceed four, it shall be the duty of such proprietors to meet and elect directors, from among the stockholders, for the man- agement of the said Company, as is directed by the original act of incorporation. The proprietor SEC. 3. And be it further enacted, That the proprietor or &c., ºi tº proprietors of the stock in said Bridge Company shall con- A.*ś....tinue to have and use the name of “The Anacostia Bridge Company ºc.” Company,” and by such name, shall sue and be sued, and do every other matter and thing which the said Company is by law authorized to do; and in consideration of the expense of rebuilding and repairing the said bridge, and keeping the same in repair, the said bridge, and all its profits, shall be, and the same is hereby, wested in the said William Ben- ning, his executors, administrators, and assigns, according to their respective shares; and it shall and may be lawful for the said William Benning, his executors, administrators, and assigns, at all times hereafter, to take and receive the same tolls, from persons passing the said bridge, as are now by law allowed to be taken by the Navy Yard Bridge, in the District of Columbia, incorporated by an act of Con- I’OSS, Congress may g SEC. 4. And be it further enacted, That it shall be compe- tº “tent for Congress, at any time hereafter, to repeal or modify this act. * Approved, April 28, 1828. OWER NAVIGABLE WATERS OF THE UNITED STATES. 19 CHAP. 95. –An Act to alter the bridge and draws across the Poto- May 14, 1830. mac, from Washington city to Alexandria. Vol. 4, p. 402. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the corporation of Georgetown, in the District of Columbia, be, Draw to be and they are hereby, authorized, within six months from * * the passing of this act, to form a draw in the bridge leading from Washington City to Alexandria, across the Potomac river, not less than sixty-six feet in length, nor less than twelve feet wide; and for defraying the expense of making said draw, the sum of six thousand dollars be, and the same $6,000 appro- is hereby, appropriated, out of any unappropriated money” in the treasury. SEC. 2. And be it further enacted, That the Washington Bridge Company shall hereafter be required to keep eight reflecting lamps, to be lighted during the night, of which Lamps to be four shall be at the principal draw, two at the smaller draw, * * and one at each end of the bridge; and in repairing said bridge, the Company may, and hereby are, permitted to reduce the width of the bridge to twenty-four feet, leaving width may be four feet on one side of said bridge for foot-passengers, tºº. to 24 which shall, by a strong and sufficient railing, be separated from the carriage-way. SEC. 3. And be it further enacted, That, in making said Form of warps. draw, the opposite side of the warps, above and below the bridge, shall be curved off in circular form ; and the sides of the spaces covered by said draw, shall be sufficiently and strongly planked up on each side; and said bridge com- pany shall remove from the passage through it, all obstruc- tions to safe navigation. SEC. 4. And be it further enacted, That so soon as the Sec. ...Sec. War to be retary of War shall be fully satisfied that the work contem-º.” “ plated by this act to be done, under the superintendence and authority of the corporation of Georgetown, is properly and sufficiently well done, and is entirely safe for the passing of Wagons, then, and not before, shall the appropriation Appropriation herein be paid, or so much of the same as shall be sufficientiº" " to meet the expenses of making said draw. SEC. 5. And be it further enºcied, That said corporation wº of Georgetown shall not interrupt the passage across said §a". bridge for a longer period than sixty days, under the penalty ºf then tº of paying to the bridge company, an amount equal to ten Penalty. dollars, for each and every day over sixty days, that the passing of Said bridge may be interrupted. SEC. 6. And be it further enacted, That if said company rº. shall refuse to the corporation of Georgetown the right toº. § execute the provisions of this act, then the rights and pro- visions in favor of said company, secured by the second Section of this act, shall be null and void, and of no effect. SEC. 7. And be it further enacted, That if the said com- pany shall refuse to permit the alteration in the draw herein provided for, and shall, within thirty days after the passage of this act, notify the corporation of Georgetown of such refusal, then this act, and everything therein contained, shall cease to have effect. 20 LAWS RELATING TO CONSTRUCTION OF BRIDGES Another draw SEC. 8. And be it further enacted, That the éorporation of *** Washington, in the said District of Columbia, beauthorized to form a draw in said bridge, over the eastern channel of Said river, thirty-five feet wide; for which purpose the sum º Pº of two thousand dollars is hereby appropriated, and is to #.” **. be applied in the same manner, by the corporation of Wash- tions, &c. ington, to the construction of the said last-mentioned draw, as the appropriation in the first section of this act is to be made and applied by the corporation of Georgetown, to the construction of the first-mentioned draw; and, further, that all the provisions of this act, relating to the first-mentioned draw and the corporation of Georgetown, shall apply to the draw last mentioned and the corporation of Washington. This act not to SEC. 9. And be it further enacted, That nothing contained *:::::::::.." in this act shall be considered as giving a construction to So much of the tenth and eleventh sections of the original Charter of Said bridge company, as relates to the construc- tion of draws in said bridge. Approved, May 14, 1830. May 26, 1830. CHAP, 104.—An Act to incorporate the Alexandria Canal Company. Vol. 6, p. 419. — Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Commissioners John Roberts, Phineas Janney, Robert J. Taylor, Thompson :*:::::F. Mason, Hugh Smith, Anthony C. Cazenove, William H. tions. Millar, Charles Bennett, Edmund I. Lee, Colin Auld, Henry Dangerfield, George Brent and Jonathan Bucher, be, and they are hereby, appointed Commissioners, any three of whom shall be competent to act, to receive subscriptions to the capital Stock of the company hereinafter incorporated. :}; #: #: 3% :}; p: "º SEC. 4. And be it further enacted, That the said President JDirectors. and Directors, and their successors, or a majority of them assembled, shall have full power and authority to appoint, and, at their pleasure, dismiss, such engineer or engineers, and agent or agents, as they may deem expedient, and to fix their compensation, and "to agree with any person or persons, on behalf of the said company, to cut canals, erect dams, open feeders, construct locks, and perform such other Works as they shall judge necessary and expedient for com- pleting a canal, from the termination, or other point on the Chesapeake and Ohio Canal, to such place in the town of Alexandria as the Board of Directors shall appoint, and out of the money arising from the subscriptions and tolls, to pay for the same, and to repair and keep in order the said canals, locks, and other necessary works thereto, and to defray all incidental charges; # 36 Sk # # SEC. 14. And be it further enacted, That it shall be the duty of the company hereby incorporated, to cut, make, and Construction of construct the said canal, with good and sufficient locks, on Canal. the most improved plan for expedition in the use thereof, and with a width of not less than forty feet at the surface OVER NAVIGABLE WATERS OF THE UNITED STATES. 21 of the water therein, or of twenty-eight feet at the bottom thereof, unless the quality of the soil shall require a narrow base, to admit of a sufficient slope to preserve the banks from sliding down, and sufficient to admit, at all seasons, the navigation of boats and rafts with a depth of not less than four feet water, at the least; and whenever wastes shall be essential to the security of said canal, and in no other situation whatever, along the same, the waste water of the said canal may be, from time to time, sold or disposed of by the said company, for the purpose of supplying such works and machinery as require a water power; and along one side, at least, of the 'said canal, and such aqueducts as it may render necessary, there shall be provided, throughout its whole extent, a towing path of sufficient breadth to apply the power of horses to the navigation thereof. #: 3: §: # 3% Approved, May 26, 1830. CHAP. 74.—An Act making appropriations for the support of gov- May 5, 1832. ernment for the year one thousand eight hundred and thirty-two. Vol. 4, p. 506. Be it enacted by the Senate and House of Representatives of A p propria the United States of America, in Congress assembled, That the tions. following sums be, and the same are hereby, appropriated, to be paid out of any unappropriated money in the treasury, Z - VI #: #: $ 3: #: For enabling the President of the United States to obtain Norfolk bridge. from the Norfolk Bridge Company a release and convey- ance to the United States of the bridge over the southern branch of the Elizabeth river, between the navy-yard and the dry-dock, and of the road leading from the same to the South-western side of said yard, the sum of sixteen thousand dollars: Provided, The Secretary of the Navy shall be satis- fied that the said sum does not exceed the value of the same: And provided, That the Attorney-General of the United States shall be satisfied of the validity of the title, and that the right thus acquired will authorize the United States to remove the bridge, and to enclose the road within the navy yard. $ #: $ $ * Approved, May 5, 1832. CHAP. lº2.—An Act for the benefit of the Alexandria Canal Company. June 25, 1832. Be it enacted by the Senate and House of Representatives of Vol. 6, p. 496. the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, required to pay to the President and Directors of the Alexandria Canal Payment to. Company, or to such officer of said Company as they may . ...i. empower to receive it, the sum of one hundred thousand" dollars, to be applied to the construction of an aqueduct across the river Potomac, at or near Georgetown, in the District of Columbia; which sum shall be paid, out of any 22 \ LAWS RELATING TO CONSTRUCTION OF BRIDGES money in the treasury not otherwise appropriated, at such times and in such proportions, (having a due regard to the progress of the work,) as the President of the United States may, from time to time, direct. Approved, June 25, 1832. July 14, 1832. CHAP. 225.-An Act providing for the purchase by the United States Vol. 4, p. 582. of the rights of the Washington Bridge Company, in the District of —— Columbia, and for the erection of a public bridge on the site thereof. WHEREAs it is represented to this present Congress, that the Washington Bridge Company are willing and desirous to sell, convey, and transfer to the United States, the bridge by them owned, in its present condition, with all their rights, property, and privileges, as a company; under the existing laws, including their lands, piers, abutments, roads, and ways, as well as all materials by them owned at the site of the said bridge, whether worked up in the construction or re-construction of the same or not, for the sum of twenty thousand dollars: Repealed in Be it enacted by the Senate and House of Representatives of ºf the United States of America, in Congress assembled, That “secretarvous provided the said Washington Bridge Company shall, at a T.: lawful meeting of the stockholders thereof, agree to convey, #. wº: and shall actually convey to the United States, the said #iagº. bridge as it now is, with all the estate, right, title, and in- º,"; ... terest, either in law or equity, by them owned, as a com- *conveyance to pany under existing laws, in said bridge, with its piers, ... ºoo..." abutments, roads and ways, together with all the materials by them now owned as a company, at the said bridge and ways, either worked up or not, in the construction or re-con- struction of the said bridge, and all other their rights, priv- leges, and immunities as such company, within two calen- dar months from the passing of this act ; which conveyance the said company is hereby authorized and empowered to make, by deed, under their corporate seal, to be deposited with the Secretary of the Treasury of the United [States;] then the said Secretary shall be, and he hereby is, authorized and required to pay to the said company the sum of twenty thousand dollars, out of any moneys in the treasury not Otherwise appropriated. SEC. 2. And be it further enacted, That, upon the execution President au; of Sugh conveyance by the said company, the President of *::::.."... the United States be, and he is hereby authorized to cause to the river Poto'o be erected upon the site of the present bridge, a good and sufficient bridge across the river Potomac, of such materials, and upon such plan of construction as he shall approve and Proviso. direct: Provided, That the said bridge be so constructed as to have a draw therein suitable for the safe passage of Ves- sels of the largest dimensions, capable of navigating the Po- tomac river above the said bridge, not less than sixty-six feet at the least; and, also, on each side of the said draw, and at a suitable distance therefrom, an arch of sufficient elevation to admit the passage under the same of an ordinary steamboat; which said draw and arch shall be at the Vir- Proviso. ginia channel in the said river: And provided, further, That OVER NAVIGABLE WATERS OF THE UNITED STATES. 23 there shall be a similar draw at the Maryland channel, of not less than thirty-five feet, with a similar arch : And, pro- Proviso. - vided, also, That in the selection of materials and in the construction of the said bridge, draws and arches, all prac- ticable attention shall be had to the preservation of the navigation of the said river. SEC. 3. And be it further enacted, That towards the con- struction of the said bridge and works hereby authorized and directed, the sum of sixty thousand dollars be, and the $60,000 appro- same is hereby, appropriated, payable out of any moneys in ºft.*.* the treasury not otherwise appropriated. - bridge, &c. SEC. 4. And be it further enacted, That the said company shall apply and distribute the said sum of twenty thousand . Application dollars in the following manner, that is to say: first to re-jī: of sum to be paid imburse the expenses incurred by the said company since the to º jº last adjournment of Congress, to the stockholders advanc-jºº" “ ing the same, and the balance among the stockholders, pro rata, on the cost of each share, to the present holder thereof, to be ascertained by the company if necessary, by the oath or affirmation of the present holder. SEC. 5. And be it further enacted, That the provisions of This act to be this act shall have no effect, unless three valuers, to be ap-jº. pointed by the President of the United States having no in-appraise, the terest in the said bridge, or in any property in the Districtº. * of Columbia, and not being inhabitants of the said District, ..."...º. or a majority of them, shall, on oath, decide that the prop-said valiers . erty of the said bridge company, so to be conveyed to the #:::::::::: United States, exclusive of any supposed value of the privi-sum, the Bridge leges by them held under their charter as a company, is of Sº, *: the value of twenty thousand dollars; or unless in case the ºf this said valuers, or a majority of them, shall value the said prop-"“” erty at a sum less than twenty thousand dollars, the said bridge company will agree to accept the amount of such Valuation. This act shall be in force from the passing thereof. & Approved, July 14, 1832. CHAP. 65.—An Act in relation to the Potomac bridge. Mar. 2, 1833. - Vol. 4, p. 646, De it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so Repealed. See soon as the President of the United States shall decide on ...","...” ". a plan for the erection of a bridge over the Potomac river &ntracts to be at Washington, on or adjoining the site of the old bridge, the ** Secretary of the Treasury is bereby required to advertise for contracts, after giving, at least, thirty days' notice. SEC. 2. And be it further enacted, That, towards the con- Appropriation struction of the said bridge, the sum of two hundred thou-ºººººtion Sand dollars is hereby appropriated, to be paid out of any sv - money in the treasury not otherwise appropriated, in such Sums, and at Such times, as may be agreed on by the Sec- retary of the Treasury, and the contractor or contractors, who shall give to the said Secretary satisfactory security for the faithful performance of the contract. Approved, March 2, 1833. 24 . LAWS RELATING TO CONSTRUCTION OF BRIDGES Mar. 2, 1883. CHAP. 66.—An Act to improve the navigation of the Potomac river Vol.4, p. 646. between Georgetown and Alexandria, and for other purposes. Appropriation Be it enacted by the Senate and House of Representatives of 3...:"; the United States of America, in Congress assembled, That, in ;;... Order to aid the citizens of Georgetown in removing the Obstruction to their navigation, by causing the cut already made through the bar, below the town, to be enlarged and deepened; and for the further purpose of enabling them to make a free turnpike road to the district line on the Vir- ginia side of the river, and to purchase of the present pro- prietors, and make forever free, the bridge over the Little Falls of Potomac river, the sum of one hundred and fifty thousand dollars be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated. How to be paid. SEC. 2. And be it further enacted, That the said sum shall be paid, from time to time, by the Secretary of the Treasury, to the order of the corporation of Georgetown, in such sums as to enable the said corporation to effect the purposes aforesaid. Condition. SEC. 3. And be it further enacted, That before the said Sum be paid over to the said corporation, it shall pass an Ordinance to make said road and bridge free, and to be kept in repair by said corporation forever. Approved, March 2, 1833. June 30, 1834. CHAP. 155.—An Act authorizing the construction of a bridge across Vol. 4, p. 727. the Potomac, and repealing all acts already passed in relation thereto. Be it enacted by the Senate and House of Representatives of Former acts re; the United States of America, in Congress assembled, That the #."º act, entitled “An act providing for the purchase by the *::: *ś United States of the rights of the Washington Bridge Com- ingon Brâ.e pany, in the District of Columbia, and for the erection of a °ºisaa.º. public bridge on the site thereof.” which passed the four- 225. ’’ teenth day of July, eighteen hundred and thirty-two, and the act entitled “An act in relation to the Potomac bridge,” Act of 1833, ch. which passed the second day of March, eighteen hundred 65. and thirty-three, be, and the same are hereby repealed, ex- cept so much of the former as authorized the purchase of the rights of the Washington Bridge Company. a.º.º. SEG. 2. And be it further enacted, That the Secretary of i... the Treasury be, and he is hereby, authorized and required, ºut to contract for the reconstruction, on the site of the present *" bridge, across the river Potomac, of a bridge, on the plan of Act, amended. that Originally constructed there by the Washington Bridge sº §" Company: Provided, that the draw at the southern channel a: of the of the river be not less than sixty-six feet, and at the north- * ern channel than thirty-five feet; that a space or spaces not exceeding in all, one thousand six hundred and sixty feet of the shoal or shoals, over which the present bridge passes, may be filled up by a solid embankment; in part, if convenient, of earth obtained by dredging the river chan- nel: And provided, also, That the entire cost of said em- bankment, and such reconstruction shall not on the whole OVER NAVIGABLE WATERS OF THE UNITED STATES. 25 exceed one hundred and thirty thousand dollars, which $130,000 appro. sum is hereby appropriated thereto, out of any money in Pºº". the treasury not hitherto appropriated. SEC. 3. And be it further enacted, That the claims of . Claims ºº:: Orange H. Dibble, for labor, materials, or any other ex- *... .a. penses upon the said bridge, be ascertained by the Secre- º, lºº, tary of the Treasury, as nearly as the same can be done, $20,000. g and be laid before Congress at its next session for its ex- amination. And the Secretary of the Treasury is hereby directed to pay him in the mean time such sum as will re- imburse to him the actual loss incurred by him, in making preparation for the construction of the said bridge: Pro- vided, The amount paid shall not exceed twenty thousand dollars, said payment to be made out of any money in the Treasury not otherwise appropriated. Approved, June 30, 1834. CHAP. 35.— An Act to amend an act entitled “An act authorizing the Mar. 3, 1835. construction of a bridge across the Potomac, and repealing all acts Vol. 4, p. 773. already passed in relation thereto.” ammºmmissmººs-s-s Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act entitled “An act authorizing the construction of a Asolid embank. bridge across the Potomac, and repealing all acts already ... a. tº: passed in relation thereto,” which was approved on the swash channel thirtieth of June, eighteen hundred and thirty-four, be, and *: ai. the same is hereby, amended, so far as to authorize a con- éd to the plan, nexion, by a solid embankment across the middle, commonly &c. called the Swash channel, of the river Potomac, of the two embankments now constructing on the shoals of the said river, and the addition of the several improvements upon the plan of the said bridge, contemplated in the contract for the construction thereof, which are recommended in the letter of the engineer superintending the said work, to the Secretary of the Treasury, bearing date December first Act of June 30, eighteen hundred and thirty-four, and transmitted to the **** House of Representatives on the eighth of that month : Provided, That the said additional embankment and im- Proviso. provements shall not cause the entire cost of the said bridge to exceed, in amount, the sum of one hundred and thirty thousand dollars, already appropriated thereto. Approved, March 3, 1835. No. 6. A Resolution authorizing the repair of the bridge across the river June 7, 1836. Potomac, at Washington. Vol. 5, p. 132. Be it resolved by the Senate and House of Representatives of Unexpended the United States of America in Congress assembled, That the º Secretary of the Treasury be, and he is hereby authorized to “"“” have all repairs made to the bridge across the Potomac river, which have become necessary from the late flood, and that the expenses of said repairs be paid out of the money heretofore appropriated for the erection of said bridge, and Which is now in the Treasury, unexpended. Approved, June 7, 1836. 26 LAWS RELATING TO CONSTRUCTION OF BRIDGEs July 1, 1886, CHAP. 249–An Act to authorize the Shenandoah Bridge Company, Vol. 5, p. 63. at Harper's Ferry, to erect a bridge on the lands of the United States, at or near the town of Harper's Ferry. A bridge at . Be it enacted by the Senate and House of Representatives of :*::::::::::::: the United States of America in Congress assembled, That the United States. Shenandoah Bridge company, at Harper's Ferry, be, and they are hereby, authorized to erect a bridge across the river Shenandoah, on the lands belonging to the United States, at or near the town of Harper's Ferry, and to con- nect the same, by a sufficient road or passway through the Said lands, with the road on the east side of the said river, Proviso. and the main street of the said town; Provided, That in the Construction of the said bridge, and the road or passway to and from it, the said company shall not, in virtue of this act, interfere with the rights or privileges of any individuals Proviso. or existing corporation; And provided, also, That the loca- tion of the said bridge upon the public lands aforesaid, shall be submitted to and approved by the Secretary of War, prior to the erection thereof. SEC. 2. And be it further enacted, That on the said terms and conditions the said Shenandoah bridge company shall May erect a be, and they are hereby, empowered to erect a toll-house toll-house. adjacent to the said bridge on the lands, aforesaid of the Proviso. United States; Provided, That should the said bridge never be constructed, or having been constructed, shall be aban- doned, by the said company, the rights wested therein, by this act, shall cease and determine. Approved, July 1, 1836. July 1, 1836. [No. 10.] A Resolution to apply the unexpended balance of the appro- Vol. 5, p. 134. priation for the Potomac bridge to the improvement of Maryland *=== avenue leading thereto, and for other purposes. The balance of Resolved by the Senate and House of Representatives of the ; Pºp. United States of America in Congress assembled, That the }. Mary-balance of the appropriation for the construction of the ** bridge across the Potomac, at the city of Washington, re- maining unexpended after the said bridge shall have been repaired in obedience to the directions contained in the joint resolution passed for that purpose at the present ses- sion of Congress, be, and the same hereby is, appropriated, to be applied under the direction of the Commissioner of the Public Buildings, towards the graduation, gravelling and planting of the Maryland Avenue, in said city, from its east- ern extremity to the said bridge, in equal proportions on the east and west of the Capitol, according to distance. Commissioner SEC. 2. And be it further resolved, That it shall be the duty §º, of the Commissioner of Public Buildings to attend to the the draws, &c. draws, cause the bridge to be properly lighted, to guard #º against wanton injuries and obstructions, and to preserve a due police on and near it, so as to ensure the safety of pas- sengers and of the public property; that said Commissioner shall receive for his services the yearly compensation of three hundred dollars, and be authorized to employ three assistants, at a compensation not exceeding one dollar and fifty cents a day. - Approved, July 1, 1836. OVER NAVIGABLE WATERS OF THE UNITED STATES. 27 [No. 3..] Resolution to authorize a settlement of the accounts of Orange March 3, 1837. H. Dibble. Wol. 6, p. 700. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the claims of Orange H. Dibble for labor, materials, and all §º. other expenses incurred, and losses sustained by him intº making preparations to execute his contract for the con- struction of the bridge across the Potomac, and which have not heretofore been settled and paid, be examined and as- certained by the Secretary of the Treasury, as nearly as the same can be done, and be laid before Congress at its next session for examination. And the Secretary of the Treas-_Act of June 30. ury is hereby directed to apply, in part payment of the * * * same to him, the unexpended balance of the appropriation made for said purpose by the act of the thirtieth of June, eighteen hundred and thirty-four: Provided, That the Sec- Proviso. retary of the Treasury is not authorized to make any allow- ance to the said O. B. Dibble for the purchase of stone or stone quarries, nor any further sum for his personal services. Approved, March 3, 1837. * * * * CHAP. lºg.—An Act making appropriations for certain fortifications July 7, 1838. of the United States for the year one thousand eight hundred and Vol. 5, p.284. thirty-eight. -*-* Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby appropriated, to be paid out of any unappropriated money in the Treas- ury, for certain fortifications, viz: $ # # $ te † ! For the purchase of the charter right to the bridge across Bridge at Fort Mill creek, at Fort Monroe, four thousand dollars. Monroe. $ Sk $ §§ : ; Approved, July 7, 1838. CHAP. 229.-An Act to extend the jurisdiction of the corporation of Mar. 3, 1839. the city of Washington over the Potomac bridge. Vol. 5, p. 364. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the bounds of the county of Washington, and of the corporation, Bounds ex- of the city of Washington, be, and the same are hereby, #."...i extended so far as to comprehend the causeway and bridge 9, adopt rules, lately constructed from the said city across the river Poto. * mac to the Opposite shore: and the said corporation are hereby empowered to adopt and enforce such rules and regu- lations as they may deem necessary for the safety and secu- Tity of property and of the persons passing the said cause- way and bridge. Approved, March 3, 1839. 28 LAWS RELATING TO CONSTRUCTION OF BRIDGES July 21, 1840, CHAP. 98.-An Act making appropriations for certain fortifications Vol. 5, p. 407. ; the United States, for the year one thousand eight hundred and wº-sºus-s-s-s--"- orty. º Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any unappropriated money in the Treas- ury, for the preservation, repairs, construction, and inci- dental and contingent expenses of certain fortifications in the year eighteen hundred and forty, viz: $º $ $ Ş: # Bridge, over . For rebuilding bridge over Mill creek, near Fort Monroe, ** five thousand dollars. $ $ :#; :}; # Proviso. * * * Provided, however, That in case of a disappoint- ment in the receipts of revenue from customs, or lands, or other sources, or of a failure to collect the debts due from the late deposite banks, or from the bank of the United In case the States of Pennsylvania, so that the means of the Treasury #ºis : shall not be sufficient to meet the ordinary calls for the #; iº Service of the year, according to the appropriations made thoºd to post by Congress, and also the expenses authorized by this act, Fººtº the President of the United States shall be, and hereby is, y authorized, upon ascertainment, at any time, of these facts, from the Secretary of the Treasury, to direct the postpone- ment until after the close of the next session of Congress, or until Congress shall otherwise direct, of the whole, or Such portion of the appropriations made by this act as the state of the Treasury shall seem to him to require; any order for postponement to be made alike applicable to each item of appropriation, so far as the state of facts, at the time it is made, and a due regard to the public interests, will per- mº":::::: mit, and all contracts entered into in pursuance of these jº appropriations to be made subject to the conditions of this proVISO. Approved, July 21, 1840. *º-º-º-º-º: Sept. 11, 1841. CHAP. 23.−An Act to provide for repairing the Potomac Bridge. Vol. 5, p. 462. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of fifteen thousand eight hundred and six dollars be, Appropriation. and the same is hereby, appropriated, in addition to the sums heretofore appropriated and unexpended, for the repair of the Potomac bridge in the District of Columbia, to be paid out of any money in the Treasury not otherwise appro- priated. SEC. 2. And be it further enacted, That the said sums shall How to be ex-be expended under the direction of the Secretary of War, pended. in the following manner, to wit: He shall designate some competent officer of the Engineer corps to draw plans and make specifications of the work to be performed, and esti- mates of the cost or value thereof, which shall not exceed * OVER NAVIGABLE WATERS OF THE UNITED STATES. 29 the sum of forty-five thousand eight hundred and six dollars; the officer thus selected, shall lay his plans, specifications, and estimates before the Secretary of War for his approval, and the said Secretary shall thereupon cause the work to be constructed upon the plan most approved by him, under the immediate superintendence of some competent officer of either Engineer corps, who shall make all necessary con- tracts for materials and labor, and cause the work to be constructed in the best and most substantial manner within the estimates and according to the plan approved by the Secretary of War, and under the orders and general direc- tion of said Secretary, who will, from time to time, cause such advances of the amounts for this object appropriated as he may deem necessary and proper. SEC. 3. And be it further enacted, That the timbers, or such of them as the superintending engineer may think fit, shall be mineralized, and a sum not exceeding three and a , Mineralizing of half cents per cubic foot is hereby appropriated out of any #...”. money in the Treasury not otherwise appropriated, to defray priation therefor. the expense and cost thereof, the proper amount to be paid on the requisition of the Secretary of War, founded on the estimate of the Superintendent. Approved, September 11, 1841. CHAP. 35.—An Act for the relief of the Plumb Island Bridge and Turn- June 4, 1842. pike Company. Vol. 6, p. 829. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid to the Plumb Island Bridge and Turnpike, Payment for a Company, of Newburyport, in the State of Massachusetts, **** out of any money in the Treasury not otherwise appro- priated, the sum of eight thousand dollars, for the destruc- tion of a bridge, occasioned by the construction of a break- water by the United States. Approved, June 4, 1842. CHAP. ll&.—An Act to authorize the Shenandoah Bridge Company, August 1, 1842. at Harper's Ferry, to erect a Bridge on the land of the United States Vol.6, p. 848. at the town of Harper’s Ferry. sº-º-º-mºº-º-º-º: *-mº-' Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Shenandoah Bridge Company, at Harper’s Ferry, be and they are hereby authorized to erect a bridge across the river Authority, to Shenandoah, on the lands belonging to the United States, ...# at or near the town of Harper's Ferry, and to connect the same by a sufficient road or passway through the said lands, With the road on the east side of said river and the main Street of the said town: Provided, That, in the construction . Proviso; in do- of said bridge, and the said road or passway to and from it, ..."º". the said company shall not, in virtue of this act, interfere rights of others. With the rights and privileges of any individuals or existing 30 LAWS RELATING TO CONSTRUCTION OF BRIDGEs Proviso.; loca-Corporations: And provided, also, That the location of the i.e.:” . . said bridge upon the public lands aforesaid shall be sub- ecretary of War, mitted to and approved by the Secretary of War, prior to ..º.º. the erection thereof: And provided, also, That all agents, i. p.s.º.e.' ºf Servants, and property in the service of or belonging to the toll. United States, shall pass and be transported free of toll. May erectatoll. SEC. 2. And be it further enacted, That on the said terms §.” and conditions the said Shenandoah Bridge Company shall be, and they are hereby, empowered to erect a toll-house adjacent to the said bridge on the lands aforesaid of the Proviso. United States: Provided, That, should the said bridge never be constructed, or, having been constructed, shall be abandoned by said company, the rights wested therein by this act shall cease and determine. Approved, August 1, 1842. March 3, 1843. CHAP. 182.-An Act for the relief of Asahel Lee, Harvey Lee, and Vol. 6, p. 906. Lemuel Lee. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the * Secretary of the Treasury be, and he is hereby, authorized Amount due to to audit and settle the amount due to Asahel Lee, Harvey ºa * Lee, and Lemuel Lee, on a contract entered into by them on the tenth day of August, in the year of our Lord one thousand eight hundred and thirty-seven, with Captain C. A. Ogden, acting on behalf of the United States, by which they agreed to erect a bridge across the ſaskaskia river, and to construct a certain part of the Cumberland road in the state of Illinois; and that he pay said amount, when ascer- tained, out of any moneys in the treasury not otherwise appropriated. Approved, March 3, 1843. sms sº ºmºmºmºsºmsºmº- Aug. 12, 1848. CHAP. le6.—An Act making Appropriations for the Civil and Diplo- V, . 9, p. 284. matic Expenses of Government for the Year ending the thirtieth Day of June, one thousand eight hundred and forty-nine, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be and hereby are appropriated, out of any Appropriations money in the Treasury not otherwise appropriated, for the tº objects hereinafter expressed, for the year ending the thir- g ” tieth day of June, one thousand eight hundred and forty- nine, namely : 36 $ #: # :}; Miscellaneous.- Purchase of For the purchase of one or both of the bridges over the #.º.º. Eastern Branch, near the city of Washington, at a valuation to be made in such manner as the Secretary of the Treasury may direct, a sum not exceeding thirty thousand dollars 2 OVER NAVIGABLE WATERS OF THE UNITED STATES. 31 which bridge or bridges, when purchased, shall be free of toll to all persons whomsoever, under such regulations as are now in force, or as the same may be legally modified or added to, in relation to the Potomac bridge opposite said city. y : ; 3% : ; # :: Approved, August 12, 1848. CHAP. 108.-An Act making Appropriations for the Civil and Diplo- Aug. 31, 1852. matic expenses of the Government for the Year ending the thirtieth Vol. 10, p. 76. of June, eighteen hundred and fifty-three, and for other purposes. T Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be and are hereby appropriated, out of any Appropriations. money in the treasury not otherwise appropriated, for the objects hereafter expressed, for the fiscal year ending the thirtieth of June, eighteen hundred and fifty-three, namely: * 36 3& * :}; # Public Buldings.— ... + . :: : ; - For repairs of the two bridges over the eastern branch of ;º. the Potomac River, fourthousand nine hundred and ninety-º." nine dollars; and that the bridges across the Potomac and eastern branch thereof be surrendered to the authorities of the District of Columbia. 3% # # 3: 3% Approved, August 31, 1852. CHAP. lll.—An Act making Appropriations for the Service of the Aug. 31, 1852. Post-Office Department during the fiscal Year ending the thirtieth of Vol. 10, p.110. June, one thousand eight hundred and fifty-three, and for other Pur- poses. Be it enacted by the Senate and House of Representatives of . the United States of America in Congress assembled, :}; $ §§ :: * # SEC. 6. And be it further enacted, That the bridges across Certain bridges the Ohio River at Wheeling, in the State of Virginia, and at ºf Bridgeport, in the State of Ohio, abutting on Zane's Island, structures. in said river, are hereby declared to be lawful structures in their present position and elevation, and shall be so held and taken to be, any thing in any law or laws of the United States to the contrary notwithstanding. SEC. 7. And be it further enacted, That the said bridges Said bridges are declared to be and are established post-roads for theº passage of the mails of the United States, and that the terfered with. Wheeling and Belmont Bridge Company are authorized to have and maintain their said bridges at their present site and elevation; and the officers and crews of all vessels and boats navigating said river, are required to regulate the use of their said vessels and boats, and of any pipes or chimneys belonging thereto, so as not to interfere with the elevation and construction of said bridges. Approved, August 31, 1852. 32 LAWS RELATING TO CONSTRUCTION OF BRIDGES Mar. 3, 1853. CHAP. 97.-An Act making Appropriations for the Civil and Diplo- Vol. 10, p. 189. matic expenses of Government for the year ending the thirtieth o June, eighteen hundred and fifty-four. - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be and are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the objects hereafter expressed, for the fiscal year ending the thirtieth of June, eighteen hundred and fifty-four, namely: Public Buildings.— $ 35 $ a.º.º. For a bridge across the Potomac at Little Falls, to be ex: fittie fails. pended under the direction of the President of the United States, thirty thousand dollars. # 3& 3& $ #& Approved, March 3, 1853. a-º-º- smºsºmºmºmº. Mar. 3, 1855. CHAP. l.98.—An Act making Appropriations for the Naval Service, for Vol. 10, p. 675, the Year ending the thirtieth of June, one thousand eight hundred *m-s-s-s-s-s- and fifty-six. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the year ending the thirtieth of June, one thousand eight hundred and fifty-six :— :* 3: # $: 3& Bridge at Kit SEC. 2. And be it further enacted, That the Secretary of tery, Maine, the Navy is hereby authorized to permit the Seavy’s Island Bridge Company to connect with the navy-yard at Kittery, Maine, a bridge extending thereto from said Seavy’s Island, at such point thereon as he shall direct, and may permit a right of way through said yard from said bridge in such direction and under such regulations as the commandant of the yard for the time being shall establish, under the authority of the Navy Department: Provided, That no expense whatever in connecting said bridge with said yard, or making said way across the same, shall be incurred by the United States; and said bridge and said right of way may at any time be discontinued by the Secretary of the Navy. - $ * $$. # 3; Approved, March 3, 1855. Aug. 18, 1856. CHAP. L65.—An Act to extend the Jurisdiction of the Corporation of Vol. 11, p. 120 the City of Washington over the lower Eastern Branch or Navy-yard Bridge, and to regulate Travel upon the upper Eastern Branch or Benning's Bridge, and for other Purposes. gorporation of Be it enacted by the Senate and House of Representatives of Yº... the United States of America in Congress assembled, That the yard bridge. bounds of the corporation of the City of Washington, be ovKR NAVIGABLE WATERS OF THE UNITED STATES. 33 and the same are hereby extended so far as to comprehend the lower Eastern Branch or Navy-yard bridge; and the said corporation is hereby empowered to adopt rules and regulations for the safety and security of property and of the persons crossing the said bridge. SEC. 2. And be it further enacted, That it shall not be Regulation of lawful for any person or persons to ride, drive or lead any H.”, i. horse, mule, or other animal over the wooden part of thening's bridge. upper Eastern Branch, or Benning's Bridge at a faster gait than a walk; or to discharge any gun or other fire-arm on or under the said bridge, or from the causeway leading thereto : and all persons violating either of the provisions of this section shall forfeit and pay, for each and every such offence, a penalty of not more than ten, nor less than five dollars, to be recovered in the name of the United States before any magistrate of the county of Washington and District of Columbia, the money when collected to be handed Over to the levy court and by them applied to such repairs and improvements of the road, leading to the bridge, as from time to time may be required. Approved, August 18, 1856. CHAP: llé.-An Act to reimburse the Corporation of Georgetown, in June 12, 1860. the District of Columbia, a Sum of Money advanced towards the Con- vol. 12, p. 29. struction of the Little Falls Bridge. *-ºs-s-s-s-s-s-s-s Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of four thousand six hundred dollars be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, to repay to the cor- poration of Georgetown, in the District of Columbia, all Georgetown to moneys heretofore advanced by the said corporation for and . .” towards the construction of the bridge over the Potomac, Vanced to gon. at the point known as the Little Falls. And the said cor. ...”.”; poration of Georgetown, by accepting the provisions of this mac. act, shall waive and surrender all further claim or demand on the Government of the United States, founded on any advancement of money or other thing towards the object herein specified for any purpose whatsoever. This act shall Act to take ef. commence and be in force from and after its passage. *** Approved, June 12, 1860. CHAP. 66–An Act to provide for the Repairs of the Long Bridge Aug. 6, 1861. across the Potomac River. Vol. 12, p. 327. Be it enacted by the Senate and House of Representatives of the United States of America in Oongress assembled, That the Sum of twenty thousand dollars be, and the same is hereby, appropriated for the repair of the present Long Bridge across Appropriation. the Potomac River. rºsoflong Approved, August 6, 1861. ridge. 1574 BR-3 34 LAWS RELATING TO CONSTRUCTION OF BRIDGES _July 14, 1862. CHAP. lo'7.—An Act to establish certain Post-Roads. Vol.12 p. 569. Be it enacted by the Senate and House of Representatives of ..º.º. Sº the United States of America in Congress assembled, That the iš, h. 3s." "" bridge partly constructed across the Ohio River at Steu- tº gº. benville, in the State of Ohio, abutting on the Virginia benville, Ohio, Shore of Said river, is hereby declared to be a lawful struct- ...” ure: Provided, That when completed, if constructed with- riºto becom out a draw,it shall leave an unobstructed headway in the pleted. channel of the river of not less than ninety feet above low- Water mark, and such channel or water-way shall have an un- obstructed width of not less than three hundred feet between the piers next to said channel or water-way; and one of the spans next adjoining thereto shall not be less than two hun- dred and twenty feet in length; or said bridge, if constructed with a draw, the same to be constructed under the limita- tions and conditions provided in the fourth section of this act. Q such bridge SEC. 2. And be it further enacted, That the said bridge àº, ,”; and Holliday's Cove railroad are hereby declared a public Cove , railroad ". * declared a public highway, and established a post-road for the purpose of jºx.” transmission of mails of the United States, and that the ...”.º.º. Steubenville and Indiana Railroad Company, chartered by and bridge. the legislature of the State of Ohio, and the Holliday’s Cove Railroad Company, chartered by the State of Virginia, or either of them, are authorized to complete, maintain, and operate said road and bridge when completed, as set forth in the preceding section, anything in any law or laws of the above-named States to the contrary notwithstanding. Other, railroad SEC. 3. And be it further enacted, That it shall be lawful $.". §for any other railroad company or companies, whose line or River. lines of road may now or shall hereafter be built to the Ohio River, above the mouth of the Big Sandy River, in accord- ance with the terms of the charter or charters of such Company or companies, to build a bridge across said river for the more perfect connection of any such roads and for the passage of trains thereof, under the limitations and con- ditions hereafter provided. How such SEC. 4. And be it further enacted, That any bridge erected §” ” “under the privileges of this act may, at the option of the company or companies building the same, be built either as a drawbridge, with a pivot or other form of draw, or with unbroken and continuous spans: Provided, That if the said bridge shall be made with unbroken and continuous spans, nºtorºpan it shall not be of less elevation than ninety feet above low- ridge. e e g water mark over the channel of the said river; nor in any case less than forty feet above extreme high water, as un- derstood at the point of location, measuring for such eleva- tion to the bottom chord of the bridge; nor shall the span of such bridge, covering the main channel of the river, be less than three hundred feet in length, with also one of the next adjoining spans of not less than two hundred and twenty feet in length, and the piers of said bridge shall be parallel with the current of the river as near as practicable: And provided, also, That if any bridge built under this act shall Drawbridge, be constructed as a drawbridge, the same shall be constructed with a span over the main channel of the river, as under- OVER NAVIGABLE WATERS OF THE UNITED STATES. 35 stood at the time of the erection of the bridge, of not less than three hundred feet in length, and said span shall not be less than seventy feet above low-water mark, measuring to the bottom chord of the bridge, and one of the next ad- joining spans shall not be less than two hundred and twenty feet in length; and also that there shall be a pivot-draw constructed in every such bridge, at an accessible and navi- gable point, with spans of not less than one hundred feet in length, on each side of the central or pivot pier of the draw: And provided, also, That said draw shall always be opened Draw to be promptly, upon reasonable signal, for the passage of boats *. whose construction may not, at the time, admit of their passing under the permanent spans of said bridge, except that said draw shall not be required to be opened when en- gines or trains are passing over said bridge, or when passen- ger trains are due, but in no case shall unnecessary delay occur in the opening of said draw after the passage of such engines or trains. SEC. 5. And be it further enacted, That any bridge or , such bridges to bridges erected under the provisions of this act shall be jº"; lawful structures, and shall be recognized and known as routes. post-routes, upon which º; no higher charge shall be made Charges, for for the transmission over the same of the mails, the troops, ..." "P" and munitions of war of the United States, than the rate per mile which the company or companies erecting such bridge may from time to time receive on the balance of their line or lines for such services, and the officers and crews of all vessels, boats, or rafts navigating the said Ohio River vessels on the are required to regulate the use of the said vessels and of ºl. s º g * the use of pipes any pipes or chimneys belonging thereto, so as not to inter- and º fere with the elevation, construction, or use of any of the ..."...tº jº, bridges erected or legalized under the provisions of this act. bridges. Approved, July 14, 1862. CHAP. ll0.—An Act to extend the Charter of the Alexandria and Mar. 3, 1863. Washington Railroad Company, and for other Purposes. Vol. 12, p. 805. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Alexandria and Washington Railroad Company be, and the . The Alexan. same is hereby, authorized to extend their said railroad from ..."º: the south side of the Potomac across said river, to and along Company may Maryland avenue to the Capitol grounds, and across Penn: “” sylvania avenue along First street to Indiania avenue, and thence to the Baltimore and Ohio depot; and that all the ordinary rights, privileges, and liabilities, incident to simi- lar corporations are conferred upon said company for that purpose: Provided, however, That the same shall be subject to alterations, amendment, or repeal: And provided, further, That the cars shall not be drawn on the streets aforesaid, or On the structure across the Potomac River mentioned in the Second section of this act, by steam power without the con. When steam sent of Congress and of the corporate authorities of the city ... *** ** of Washington thereto. $: $ :*: * $ SEC. 2. And be it further enacted, That the said company 36 LAWS RELATING TO CONSTRUCTION OF BRIDGES Additional are hereby empowered to make such additional structure or #:"...; passage way along either side of the Potomac bridge as may bridge. render the same safe for public use, and so as not to hinder the general use of said bridge for ordinary travel, which shall be ascertained by one or more experienced civil engi- neers, who shall report, by proper surveys and estimates, to the Secretary of the Interior for his approval; the whole Cost of Which surveys and construction of said additional bridge for the purposes aforesaid to be paid by the said com- Draws. pany. And the said company shall construct such draws as shall correspond with those now in use on the said bridge, and of such model as shall be determined by the Secretary of the Interior, and which shall afford reasonable facilities for navigation on the Potomac River. $ * #: $ #: When act takes SEC. 5. And be it further enacted, That this act take effect effect. from the time of its passage. Approved, March 3, 1863. July 2, 1864, CHAP. 216.-An Act to amend an Act entitled “An Act to aid in the Vol. 13, p. 356. Construction of a Railroad and Telegraph Line from the Missouri River Ts69, ch. 120. to the Pacific Ocean, and to secure to the Government the Use of the #.jsp. same for Postal, Military, and other Purposes,” approved July first, y eighteen hundred and sixty-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, :* :}; $ :*: $ Corporations SEC. 9. And be it further enacted, That to enable any one may esta, b - • e tº jº, &c. fijës, of said corporations to make convenient and necessary con- *...****nections with other roads, it is hereby authorized to estab- 8 * ~ * lish and maintain all necessary ferries upon and across the Missouri River and other rivers which its road may pass in its course; and authority is hereby given said corporation to construct bridges over said Missouri River, and all other rivers for the convenience of said road : Provided, That any bridge or bridges it may construct over the Missouri River, or any other navigable river on the line of said road, shall Draws. be constructed with suitable and proper draws for the pas- sage of steamboats, and shall be built, kept, and maintained, at the expense of said company in such manner as not to impair the usefulness of said rivers for navigation to any greater extent than such structures of the most approved character necessarily do : :}; $ $ # $ This agt may SEC. 22. And be it further enacted, That congress may, at *** any time, alter, amend, or repeal this act. Approved, July 2, 1864. Feb. 17, 1865. CHAP. 38.—An Act supplementary to an Act approved July fourteen, Vol.18, p. 431 eighteen hundred and sixty-two, entitled “An Act to establish cer- T862, ch, 167. tain Post-Roads.” - A railroad Be it enacted by the Senate and House of Representatives of §*...* ... the United States of America in Congress assembled, That the, Ohio River at the act of congress approved July fourteen, eighteen hundred head of the falls and sixty-two, entitled “An act to establish certain post- OVER NAVIGABLE WATERS OF THE UNITED STATES. 37 roads,” shall be, and the same is hereby, so amended as to authorize the Louisville and Nashville Railroad Company, and the Jeffersonville Railroad Company (stockholders in the Louisville Bridge Company) to construct a railroad- bridge over the Ohio River at the head of the falls of the Ohio, subject to all the provisions of said act : Provided, That the said bridge may be constructed at a height not , Height, spans, less than fifty-six feet above low-water mark, and with three ** draws, sufficient to pass the largest boats navigating the Ohio River; one over the Indiana chute, one over the middle chute, and one over the canal: Provided, That the spans of said bridge shall not be less than two hundred and forty feet, except over the Indiana and middle chute and the canal; said bridge shall be constructed with draws of one hundred and fifty feet wide on each side of the pivot pier over the Indiana and middle chutes, and ninety feet wide over the canal: And provided further, That said, Nayigation not bridge and draws shall be so constructed as not to interrupt* the navigation of the Ohio River. SEC. 2. And be it further enacted, That the bridge erected Bridge to be a under the provisions of this act shall be a lawful structure,” and shall be recognized and known as a post-route. Approved, February 17, 1865. * CHAP. 39.-An Act to establish a Bridge across the Ohio River at Feb. 17, 1865. Cincinnati, Ohio, a Post-Road. Vol. 13, p. 431. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the The bridge bridge across the Ohio River at Cincinnati, in the State of:...º. Ohio, and at Covington, in the State of Kentucky, is hereby nºmade a post. declared to be, when completed, in accordance with the “ laws of the States of Ohio and Kentucky, a lawful structure §. post-road for the conveyance of the mails of the United tates. Approved, February 17, 1865. CHAP. 87.—An Act to establish a Post-Route from West Alburgh, Ver- May 21, 1866. mont, to Champlain, in the State of New York, and for other Pur- Vol. 14, p. 51. poses. *-ºs-s-s-s-s-s-s-s-s-s-s-s Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the railroad bridge across Lake Champlain at Rouse's Point, Railroadbridge connecting the Ogdensburgh and Lake Champlain railroad, i...ºf in the State of New York, with the Vermont and Canada structure, &c. railroad, in the State of Vermont, be, and is hereby, declared a lawful structure, and is, and shall be, recognized and known as a post-route. SEC. 2. And be it further enacted, That the Ogdensburgh and Lake Champlain Railroad Company, their successors Or assigns, and the Vermont and Canada Railroad Com- pany, their successors and assigns, are hereby authorized to keep up, maintain and use the said bridge, for the trans- By whom to be portation of the mails, and for the benefit of the general * 38 LAWS RELATING TO CONSTRUCTION OF BRIDGES Commerce between said States and the transportation of persons and property. And in place of the float now in use forming part of said bridge, they or either of them may Draws. construct and maintain two suitable draws, one of which Shall be at least sixty feet wide, and the other at least ninety feet wide, and which shall always be opened by the railroad company which constructs the same, whenever re- quired for the passage of vessels, except during and for fifteen minutes prior to the passage of mail trains. And which Öraws shall be so constructed and managed as at all times to afford reasonable and proper facilities for the passage Act, may be of vessels: Provided, That this act shall be subject to amend- . ** * * ment or repeal at the pleasure of Congress. Approved, May 21, 1866. June 18, 1866. [No. 51.] Joint Resolution making an Appropriation for the Repair of Vol. 14, p. 360. the Potomac Bridge. Resolved by the Senate and House of Representatives of the Appropriation United States of America in Congress assembled, That the §:.." sum of ten thousand dollars be, and the same is hereby, appropriated out of any money in the treasury not other- wise appropriated, to enable the commissioner of public buildings to place the Potomac bridge in such repair as to render it permanently passable, the work to be done imme- diately after the approval of this joint resolution. Approved, June 18, 1866. June 23, 1866. CHAP. 138.-An Act making Appropriations for the Repair, Preser- Vol. 14, p. 70. vation, and Completion of certain Public Works heretofore commenced under the Authority of Law, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Apºpº following sums of money be, and the same are hereby, ap- #:*::... propriated, to be paid out of any money in the treasury not §ompietion of otherwise appropriated, to be expended under the direction ‘.... P."*** and superintendence of the Secretary of War, for the re- pair, preservation, and completion of the following works, heretofore commenced under the authority of law, and for the other purposes hereinafter named, that is to say: $ : ; $ * # Examinations SEC. 4. And be it further enacted, That the Secretary of $."...'... War is hereby directed to cause examinations or surveys, at various points, or both as aforesaid, to be made at the following points, namely: # $ * and for examining and re- porting upon the subject of constructing railroad bridges across the Mississippi river, between St. Paul, in Minne- sota, and St. Louis, in the State of Missouri, upon such plans of construction as will offer the least impediment to the navigation of the river: :}; # $ :}; :}; ** * Approved, June 23, 1866. OVER NAVIGABLE WATERS OF THE UNITED STATES. 39 CHAP. 141.-An Act making further Provisions for the Establishment June 27, 1866. of an Armory and Arsenal of Construction, Deposit, and Repair on Vol. 14, p. 75. Rock Island, in the State of Illinois. sms-smºsºmsºmºmºsºm-ºsmºmº-º-º-º- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and is hereby, authorized and directed to change, fix, and establish the position of the railroad Pºsition of rail: across Rock Island and the bridge across the Mississippi;";”. river at and on the island of Rock Island, so as best to bridge agross the accord with the purposes of the government in its Occu- tº be estab: pancy of said island for military purposes; and in order to effect this he is authorized to grant to the railroad company a permanent location and right of way on and across Rock Permanent lo: Island, to be fixed and designated by him, with such quan-....” ” tity of land, to be occupied and held by the company for railroad purposes, as may be necessary therefor; and that the said grant and change be made on such terms and Con- Terms and con- ditions, previously arranged, between the Secretary of War” and the companies and parties in interest, as will best effect and secure the purposes of the government in occupying the island. SEC. 2. And be it further enacted, That the Secretary of War be, and is hereby, authorized to grant to the companies and parties in interest such other aid, pecuniary or other- Pecuniary and wise, toward effecting the change in the present location of . * * * their road and bridge and establishing thereon a wagon road" Wagon road. for the use of the government of the United States to con- nect said island with the cities of Davenport and Rock Island, to be so constructed as not materially to interfere with, obstruct, or impair the navigation of the Mississippi river, as may be adjudged to be fair and equitable by the board of commissioners authorized under the act of April nineteenth, eighteen hundred and sixty-four, entitled “An 1864, ch. 60. act in addition to an act for the establishment of certain arsenals,” and may be approved by him. $ # $ $ :* SEC. 4. And be it further enacted, That the following sums be, and they are hereby, appropriated, out of any money in Appropriations. the treasury not otherwise appropriated, for Rock Island arsenal, to be applied as follows, viz: :: * $. $ $ To erect storehouses for the preservation of arms and other . Storehouses, munitions of war, and to establish communication between * Rock Island arsenal and the cities of Davenport, Iowa, and Tock Island, Illinois, one hundred thousand dollars. Approved, June 27, 1866. [No. 62.] A Resolution for the Construction of a Railroad Bridge across July 3, 1866. the Cuyahoga River, over and upon the Government Piers at Cleve- Vol. 14, p. 362. iand, Ohio. * *ºmº-º-º-º-º-º-º-º-ºsmº ºmºmºsº. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Aswing bridge Secretary of War be, and he is hereby, authorized to per-º,"..." mit the Cleveland and Toledo Railroad Company and the 㺠Cleveland and Pittsburgh Railroad Company jointly, orº, either of said companies for their joint use or separate use, Ohio. 40 LAWS RELATING TO CONSTRUCTION OF BRIDGES to erect a swing bridge over and upon the government piers, for the passage of cars across the Cuyahoga river at the city of Cleveland in the State of Ohio, upon such plan as shall hereafter be approved by the city council of said city of Cleveland and by the board of trade of the same city, subject, however, to such conditions, restrictions, and limit- ations as said Secretary of War may see fit to impose at any period of time, whether prior or subsequent to the erection of said bridge: Provided, [That] this resolution and all acts done under it shall be subject to the future action of Congress. Approved, July 3, 1866. July 25, 1866. CHAP. 246.—An Act to authorize the Construction of certain Bridges, Vol. 14, p. 244. and to establish them as Post Roads. Be it enacted by the Senate and House of Representatives of Bridge may be the United States of America in Congress assembled, That it **ś shall be lawful for any person or persons, company or cor: #;"º. poration, having authority from the States of Illinois and .*... iii Missouri for such purpose, to build a bridge across the thereon. Mississippi River at Quincy, Illinois, and to lay on and over said bridge railway tracks, for the more perfect connection of any railroads that are or shall be constructed to the said river at or opposite said point, and that when constructed Trains may all trains of all roads terminating at said river, at or oppo- :** site said point, shall be allowed to cross said bridge for reasonable compensation, to be made to the owners of said bridge, under the limitations and conditions hereinafter Question of ol, provided. And in case of any litigation arising from any ºf obstruction or alleged obstruction to the free navigation of ##e.’” said river, the cause may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. Bridge may be SEC. 2. And be it further enacted, That any bridge built :*:::::... under the provisions of this act may, at the option of the Spains. company building the same, be built as a drawbridge, with a pivot or other form of draw, or with unbroken or contin- uous spans: Provided, That if the said bridge shall be made with unbroken and continuous spans, it shall not be of less Height, if made elevation in any case than fifty feet above extreme high- ... * water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge Length of be less than two hundred and fifty feet in length, and the Spains. piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river and not less than three hundred feet in length : And provided also, That if any bridge built under this act shall be constructed as a drawbridge, the same shall be Pivot draw-constructed as a pivot drawbridge with a draw over the #."º main channel of the river at an accessible and navigable channel, and point, and with spans of not less than one hundred and sixty spans, &c. feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining spans to the draw shall not be less than two hundred and fifty feet; and said OVER NAVIGABLE WATERS OF THE UNITED STATES. 41 spans shall not be less than thirty feet above low-water mark, and not less than ten above extreme high-water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river: And provided also, That said draw shall be opened promptly Draw to be upon reasonable signal for the passage of boats, whose-con- gº struction shall not be such as to admit of their passage 3. under the permanent spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. SEC. 3. And be it further enacted, That any bridge con- Bridges con- structed under this act, and according to its limitations, shall ::::::::::::. be a lawful structure, and shall be recognized and known be lawful struct. as a post route; upon which, also, no higher charge shall.” ” be made for the transmission over the same of the mails, Rates of toll. the troops, and the munitions of war of the United States, than the rate per mile paid for their transportation over the railroads or public bighways leading to the said bridge. SEC. 4. And be it further enacted, That it shall be lawful for the Chicago, Burlington, and Quincy Railroad Company, ... Chicago, Bur: a corporation whose road has been completed to the Missis- §§an: sippi River, and connects with a railroad on the opposite Company .# side thereof, having first obtained authority therefor from §: the States of Illinois and Iowa, to construct a railroad Mississippi, if bridge across said river, upon the same terms, in the same manner, under the same restrictions, and with the same privileges, as is provided for in this act in relation to the bridge at Quincy, Illinois. SEC. 5. And be it further enacted, That a bridge may be Bridge may be constructed at the town of Hannibal, in the State of Missouri, º, ...”. across the Mississippi River, so as to connect the Hannibal bal, Missouri; and Saint Joseph Railroad with the Pike County and Great Western railroads of Illinois, on the same terms and subject to the same restrictions as contained in this act for the con- Struction of the bridge at Quincy, Illinois. SEC. 6. And be it further enacted, That a bridge may be between Prai, constructed across the Mississippi River between Prairie du Rºº?”: Chien, in the State of Wisconsin, and North McGregor, in Gregor; the State of Iowa, with the consent of the legislatures of Wisconsin and Iowa, on the same terms and subject to the Same restrictions as are contained in this act for the con- Struction of the bridge at Quincy, Illinois. SEC. 7. And be it further enacted, That the Keokuk and between Keo. Hamilton Mississippi Bridge Company, a corporation exist-: **** ing under the laws of the State of Iowa, and the Hancock County Bridge Company, a corporation existing under the laws of the State of Illinois, be and are hereby authorized to construct and maintain a bridge over the Mississippi River between Keokuk, Iowa, and Hamilton, Illinois, of the Same character, description, and construction as provided in this act for the bridges at Quincy and Burlington; and the said bridge, in its use and operation, shall be subject to the same restrictions that apply to said bridges at Quincy and Burlington by the terms of this act. 42 LAWS RELATING TO CONSTRUCTION OF BRIDGES between Wi. SEC. 8. And be it further enacted, That the Winona and ...tº. Saint Peter Railroad Company, a corporation existing under if, &c.; the laws of the State of Minnesota, is hereby authorized to Construct and operate a railroad bridge across the Missis- sippi River between the city of Winona, in the State of Minnesota, and the opposite bank of the said river, in the State of Wisconsin, with the consent of the legislatures of wº the States of Minnesota and Wisconsin; and said bridge by 'this section authorized is hereby declared a post route, and subject to all the terms, restrictions, and requirements con- . tained in the foregoing sections of this act. between Dun. SEC. 9. And be it further enacted, That a bridge may be * *...* constructed and maintained across the Mississippi River, between Dunleith, in the State of Illinois, and Dubuque, in the State of Iowa, with the consent of said States previously given or hereafter acquired, with the same privileges,upon the same terms, and under the same restrictions as are contained in this act for the construction of a bridge at Quincy, Illinois. tº º of SEC. 10. And be it further enacted, That any company ansas; authorized by the legislature of Missouri may construct a bridge across the Missouri River, at the city of Kansas, upon the same terms and conditions provided for in this act. SEC. 11. And be it further enacted, That the “Saint Louis and Illinois Bridge Company,” a corporation organized under an act of the general assembly of the State of Missouri, approved February fifth, eighteen hundred and sixty-four, and an act amendatory of the same, approved February twentieth, eighteen hundred and sixty-five, and also con- firmed in its corporate powers under an act of the legislature of the State of Illinois, approved eighteen hundred and sixty- four, or any other bridge company organized under the laws between, the of Missouri and Illinois, be, and the same is hereby, empow- #,"...i *:::::ered to erect, maintain, and operate a bridge across the Mis- sº*::::: ded sissippi River, between the city of Saint Louis, in the State of seº, Missouri, and the city of East Saint Louis, in the State of * * * 18%. Illinois, subject to all the conditions contained in said act of incorporation and amendments thereto, and not inconsistent with the following terms and provisions contained in this act. Question of ob. And in case of any litigation arising from any obstruction or jºi...” alleged obstruction to the free navigation of said waters, the cause may be tried before the district court of the United States of any State in which any portion of said obstruc- tion or bridge touches. bºſſ; º; SEC. 12. And be it further enacted, That the bridge author- # ...”ized by the preceding section to be built shall not be a sus. pension bridge, or drawbridge, with pivot or other form of draw, but shall be constructed with continuous or unbroken Conditions, spans, and subject to these conditions: First, that the low- Height and est part of the bridge or bottom chord shall not be less than *****P* fifty feet above the city directrix at its greatest span. Sec- ond, that it shall have at least one span five hundred feet in the clear, or two spans of three hundred and fifty feet in the clear of abutments. If the two latter SpanS be used, the one over the main steamboat channel shall be fifty feet above the city directrix, measured to the lowest part of the bridge at the centre of the span. Third, no span over the OVER NAVIGABLE WATERS OF THE UNITED STATES. 43 water at low-water mark, shall be less than two hundred feet in the clear of abutments. SEC. 13. And be it further enacted, That the right to alter Act may be or amend this act, so as to prevent or remove all material * * obstructions to the navigation of said river by the construc- tion of bridges, is hereby expressly reserved. Approved, July 25, 1866. CHAP. 76.—An Act to authorize the Construction of a submerged Feb. 25, 1867. Tubular Bridge across the Mississippi River at the City of Saint Louis. Vol. 14, p. 408. Be it enacted by the Senate and House of Representatives of . A submerged the United States of America in Congress assembled, That theiß."º". “Mississippi Submerged Tubular Bridge Company,” a cor-º. poration organized under the laws of the State of Missouri, Mississippi be, and the same is hereby, empowered to construct, main. ...***** tain, and operate a submerged iron tubular bridge across the Mississippi river, between the city of Saint Louis, in the State of Missouri, and the city of East Saint Louis, in the State of Illinois, subject to all the conditions contained in said act of incorporation and not inconsistent with the pro- visions of this act. And in case of any litigation arising Questions , of from any obstruction, or alleged obstruction, to the free *::::::::: navigation of said waters, the cause may be tried before the ; ::::::::: district court of the United States of any State in which ..." "" any portion of said obstruction or bridge touches. SEC. 2. And be it further enacted. That any bridge built, Pº under the provisions of this act shall be tubular in construc-ºr º: tion, and sunk below the bed of said river, so that the top * of said structure shall be below the bed of the channel of the Mississippi river, and so that the same shall in no wise interfere with or obstruct navigation when completed, or prevent a safe and expeditious transit for all classes of vessels upon said river during construction. SEC. 3. And be it further enacted, That any bridge erected ºf under the provisions of this act shall be a lawful structure, tº º, and shall be recognized and known as a post-route, upon Pºst”. which also no higher charge shall be made for the trans- Charges, for mission over the same of the mails, the troops, the munitions” of war of the United States, than the rate per mile which the railroad companies terminating at either end receive for Such Services. SEC. 4. And be it further enacted, That no exclusive right Bridge to be or privilege shall ever be granted to any of the steam rail-º roads now concentrating at Saint Louis or East Saint Louis roads, &c. and at by the said bridge company to use the same, but it shall be **** equally open to all, under such regulations and at such charges as may be fixed, not to exceed those now charged by the Wiggins Ferry Company. Approved, February 25, 1867. 44 LAWS RELATING TO CONSTRUCTION OF BRIDGEs Feb. 27, 1867. CHAP. 98.—An Act declaring Clinton Bridge, across the Mississippi Vol. 14, p. 412. River, at Clinton, in the State of Iowa, a Post-Route. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the The Clinton bridge across the Mississippi river erected by the Albany sº Bridge Company, and the Chicago, Iowa, and Nebraska i.e. ºlºred a Railroad Company, under the authority of the Stateſs] of post-route. Iowa and Illinois, between the towns of Clinton, Iowa, and Albany, Illinois, shall be a lawful structure, and shall be recognized and known as a post-route, upon which also no cºates of tolls, higher charge shall be made for the transmission over the C. same of the mails, the troops, and the munitions of war of the United States, than the rate per mile paid for their transportation over the railroads or public highways leading to the said bridge. tº . SEC. 2. And be it further enacted, That the draw of said the bridge. bridge shall be opened promptly upon reasonable signal for the passage of boats whose construction shall not be such as to admit of their passage under the permanent spans of said bridge, except when trains are passing over the same; but in no case shall unnecessay delay occur in opening the said draw during or after the passage of trains. tº: SEC. 3. And be it further enacted, That in case of any liti- §.” gation hereafter arising from any alleged obstruction to the tº: free navigation of said river, the cause may be tried before the circuit court of the United States of any State in which any portion of said obstruction or bridge touches. Act may be SEC. 4. And be it further enacted, That the right to alter .* * * or amend this act so as to prevent or remove all material obstructions to the navigation of said river, by the construc- tion of said bridge, is hereby expressly reserved. Approved, February 27, 1867. & Mar. 2, 1867. CHAP. 170.-An Act making Appropriations for the Support of the Vol. 14, p. 485. Army for the Year ending June thirtieth, eighteen hundred and sixty- −— eight, and for other Purposes. Be it enacted by the Senate and House of Representatives of ſº appro the United States of America in Congress assembled, That the prlation. following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the support of the army for the year ending the thirtieth of June, eighteen hundred and sixty-eight: — #: #: :}; 3& :}; For Repairs and Improvements of Armories and Arsenals.- $: $ $ :}; §§ Bridge at Rock For the erection of a bridge at Rock Island, Illinois, as Islan recommended by the chief of ordnance, two hundred thou- Proviso. sand dollars: Provided, That the ownership of said bridge s: " ... shall be and remain in the United States, and the Rock No. 60, approved Island and Pacific Railroad Company shall have the right *š.”. of way over said bridge for all purposes of transit across Nº. 23, approved the island and river, upon the condition that the Said Com- Mar. 25, 1870, and * * a. *ść”. pany shall, before any money is expended by the govern- 187% on 288 ment, agree to pay and shall secure to the United States, OWER NAVIGABLE WATERS OF THE UNITED STATES. 45 first, half the cost of said bridge; and, second, half the ex- penses of keeping said bridge in repair, and upon guaran- teeing said conditions to the satisfaction of the Secretary of War, by contract or otherwise, the said company shall have the free use of said bridge for purposes of transit, but with- out any claim to ownership thereof. # # : ; # :}; Approved, March 2, 1867. [No. 56.] Joint Resolution for the Reduction of the Military Reserva- Mar. 2, 1867. tion of Fort Riley, and to grant Land for Bridge Purposes to the Vol. 14, p. 573. State of Kansas. *-*-ºsmºsºm- Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the southwestern boundary of the military reservation of, Southwestern Fort Riley, in the State of Kansas, be, and the same is bºº. hereby, declared to be hereafter the channel of the Repub-9ſ, ºiley es: º * : & * - e tablished. lican river, from its mouth to the point where said river intersects the present western line of said reservation, and Land, released the land released from said reservation and lying between #. #. the Smoky Hill and Republican rivers, is hereby granted toº. Republican the State of Kansas to aid in the construction of a bridge - over the Republican river, on the public highway leading through the present reservation ; but upon the express con- Condition of dition that this grant shall be accepted by the State of Bººt. Ransas with a guaranty given by said State, by an act of the legislature thereof, that said bridge shall be kept up and maintained in good condition, and shall be free to the use of the government of the United States, for all transit pur- poses forever, without tolls or charges, and on such accept- ance and guaranty being filed in the office of the Secretary of the Interior, together with the certificate of the governor of Kansas that a good and permanent bridge has been con- structed over the said Republican river, it shall be the duty of said Secretary to issue patent, for the land hereby granted, Patent, when to the State of Kansas, or to such company as may be au- “” thorized, by act of the legislature of said State, to construct said bridge: Provided, however, That nothing herein con- Proviso. tained shall be construed to interfere with any grant of any part of said land heretofore made by the United States. Approved, March 2, 1867. [No. 58.] Joint Resolution instructing the Secretary of the Interior to Mar. 2, 1867. order a Survey for a Bridge or Bridges across the Potomac. Vol. 14, p. 574. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be directed to order a survey, by surveys and a competent engineer, of the ground and river at and near ...i.a. the Aqueduct Bridge, in this District, and report upon the or bridges across practicability of constructing there a bridge across the *** Potomac without obstructing the navigation of the river, and the probable cost thereof, separately estimating for a 46 LAWS RELATING TO CONSTRUCTION OF BRIDGES common bridge, and for a bridge both for railway and com- mon travel. Also to examine and report touching the like bridges at or near the Long Bridge; and whether the same can be there built so as to avoid obstructions of the naviga- tion thereby, and the probable cost thereof; said report to be made at the earliest day practicable. Approved, March 2, 1867. Feb. 21, 1868. CHAP. 10.-Am Act to authorize the Southern Minnesota Railroad Vol. 15, p. 37. Company to construct and maintain a Bridge across the Mississippi River and to establish a Post Route. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Southern, Min Southern Minnesota Railroad Company, a corporation ex- :*ś ºisting under the laws of the State of Minnesota, is hereby *...* ** authorized to construct and operate a railroad bridge across " " " the Mississippi river, between the city of La Crosse, Wis- consin, and a point opposite, in the State of Minnesota, with the consent of the legislatures of the States of Min- nesota and Wisconsin, and said bridge by this act author- Bridge made a ized to be constructed is hereby declared a post route and post route. subject to all the terms, conditions, restrictions, and require- ments, and entitled to all the privileges, named in an act Act of July 25, approved July twenty-fifth, eighteen hundred and sixty-six, * * * entitled “An act to authorize the construction of certain bridges and to establish them as post roads.” Approved, February 21, 1868. * =s=====s* Mar. 2, 1868. CHAP. lf.—An Act to establish and declare the Railroad and Bridges Vol. 15, p. 38. of the New Orleans, Mobile, and Chattanooga Railroad Companv, — as hereafter constructed, a Post-Road, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the The New Qr. New Orleans, Mobile, and Chattanooga Railroad Company .#hat:... is hereby authorized and empowered to construct, build, R. R. Cº. may and maintain bridges over and across the navigable waters :*:::::::: of the United States on the route of said railroad between hºisablewa: New Orleans and Mobile, for the use of said company and g the passage of its engines, cars, and trains of cars, passen- Roads and gers, mails, and merchandise thereon ; and said railroad jº º and its bridges aforesaid, when constructed, completed, and ures, &c., a post in use, in accordance with this act and the laws of the road. several States through whose territory the same shall pass, shall be deemed, recognized, and known as lawful struct- ures and a post road, and are hereby declared as such : Provided, however, That the said company, in the construc- tion of its bridges over and across the waters known as the East Pascagoula river, and the Bay of Biloxi, [and] the Bay of St. Louis, shall construct and maintain draw-bridges in the channels thereof, which, when open, shall give a clear space for the passage of vessels of not less than eighty feet in the channels of the East Pascagoula, and of the Bay of OVER NAVIGABLE WATERS OF THE UNITED STATES. 47 Biloxi, and of the Bay of St. Louis, and of not less than one hundred feet in the channel of the Great Rigolet; and said company shall at all times open the said draw-bridges, *...; and shalf provide reasonable and necessary facilities for thé; ;....” passage of all vessels requiring the same, except during, wºn to be and for ten minutes prior to and after the time of the passage” of the mail and passenger trains of Said company. SEC. 2. And be it further enacted, That the right to alter Right to amend or amend this act, so as to prevent or remove all material:” obstructions to the navigation of said rivers, growing Out of the construction of said bridges, is hereby expressly reserved. w Approved, March 2, 1868. CHAP. loºp.–An Act to authorize the Construction of a Bridge over July 6, 1868. the Black River, in Lorain County, Ohio. Vol. 15, p. 82. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it Bridge across shall be lawful for the county commissioners of the county#., *. of Lorain and State of Ohio to build a bridge across the Ohio. y Black River near the village of Black River, in said county, at the point where the county road leading east from said village crosses said stream Provided, That there shall be placed in said bridge a draw of not less than one hundred Draw. and forty feet in width, with a centre abutment not to exceed twenty-five feet wide and ten feet above the water line, leaving a passage on each side of the abutment of not less than fifty-seven feet in width, and so constructed as not to impede the navigation of said river, and allow the easy passage of vessels through said bridge. SEC. 2. And be it further enacted, That the right to alter Act may be or amend this act, so as to prevent or remove all material * * obstructions to the navigation of said river by the con- struction of said bridge, is hereby expressly reserved. Approved, July 6, 1868. [No. 52..] Joint Resolution in Relation to the Erection of a Bridge in July 7, 1868. Boston Harbor. Vol. 15, p. 256. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy shall detail two competent and impar. tial officers of the navy, and the Secretary of War shall detail a competent and impartial officer of the engineer corps, who shall compose a commission, whose duty it shall be to commission make careful examination of the harbor of Boston, and º.º. shall report to Congress, at its next session, in what manner Boston Harbor. the commerce of said harbor and the interests of the United States in the navy yard at Charlestown will be affected by the construction of a bridge over the water between the main land in the city of Boston and East Boston, in the manner provided in an act of the legislature of the State of Massachusetts, emtitled “An act to incorporate the Mav- 48 LAWS RELATING TO CONSTRUCTION OF BRIDGES erick Bridge Company”; and no bridge shall be erected by Said company across said water until the assent of Congress shall be given thereto. Approved, July 7, 1868. July 13, 1868. CHAP. lºz. –An Act to amend the Act of third March, eighteen hun- Vol. 15, p. 89. dred and sixty-five, providing for the Construction of certain Wagon 1865, ch. 99. Roads in Dakota Territory. W**P* Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so Unexpended much of the unexpended balance of an appropriation made ***... March third, eighteen hundred and sixty-five, for the con- used to complete ; §: struction of certain wagon roads in the Territory of Dakota, &c. as shall not exceed the sum of six thousand five hundred dollars, be, and the same is hereby, applied to the comple- tion of the bridge over the Dakota river, on the line of the government road leading from Sioux City, in the State of Iowa, to the mouth of the Cheyenne river, in Dakota Ter- ritory. Approved, July 13, 1868. July 20, 1868. CHAP. 179.-An Act authorizing the Construction of a Bridge across Vol. 15, p. 121. the Missouri River, upon the military Reservation of Fort Leaven- — worth, Kansas. t Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it Kansas , and shall be lawful for the Kansas and Missouri Bridge Com- *:::::::: Bºº pany, a corporation having authority from the State of build # Kansas, to build a railroad, transit, and wagon bridge *::::: “” across the Missouri River upon or near the military reser- vation of Fort Leavenworth ; and that when constructed what trains all trains of all roads terminating at the Missouri River at may cross. or near the location of said bridge, shall be allowed to cross said bridge for a reasonable compensation to be paid to the In case of liti. Owners thereof. And in case of any litigation arising from * ..."; any obstruction or alleged obstruction to the free naviga. tried. tion of said river,the cause may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. SEC. 2. And be it further enacted, That any bridge built under the provisions of this act shall not be in any case of H eight of less elevation than fifty feet above extreme high-water bridge. mark, as understood at the point of location, to the bottom span s and chord of the bridge; nor shall the spans be of less than two plers. hundred and fifty feet in length, in the clear, and the piers of Said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river, at low water. SEC. 3. And be it further enacted, That for the use of rail- Ioads leading to said bridge from either side of the river Right of way there is hereby granted a right of way through said Fort Hºmº Leavenworth military reservation not exceeding for all of mºry reserve said roads three hundred feet in width: Provided, That said e roads do not in any way interfere with the public buildings on said military reservation. OWER NAVIGABLE WATERS OF THE UNITED STATES. 49 SEC. 4. And be it further enacted, That the Kansas and Missouri bridge be, and the same is hereby, established as a post-road, and that said bridge company shall have the Bridge, made a right to take from said reservation, at such places as shall Pºº". be designated by the Secretary of War, all stone, timber, and earth necessary to use in the construction of said bridge. SEC. 5. And be it further enacted, That the right to alter Act may be or amend this act, so as to prevent or remove all material * * obstructions to the navigation of said river by the construc- tion of bridges, is hereby expressly reserved. SEC. 6. And be it further enacted, That it shall be lawful for the Saint Joseph and Denver City Railroad Company, St. Joseph and a corporation created by the laws of the State of Kansas, Bºº. to build a bridge over and across the Missouri River at gººri ºt Saint Joseph, Missouri; and all the rights and privileges “A. see conferred by sections 1, 2, 4, and 5 of this act, are hereby ºs 14, extended, so far as they are applicable, to the Saint Joseph "* 0. and Denver City Railroad Company, and the restrictions, ... Rights, restric- limitations, and conditions contained in said sections are "** * hereby made applicable to said company. Approved, July 20, 1868. CHAP. 182.-An Act amendatory of an Act approved July twenty-six July 20, 1863. [five], eighteen hundred and sixty-six, entitled “An Act to authorize Vol. 15, p. 123. the Construction of certain Bridges, and to establish them as Post- * Roads.” 1866, ch. 246. Vol. xiv., p. 244, WHEREAs the St. Louis and Illinois Bridge Company’ Preamble. organized under the laws of the State of Missouri, and the Illinois and St. Louis Bridge Company, organized under an act of the general assembly of the State of Illinois, have been consolidated, in pursuance of the authority granted to the said Illinois and St. Louis Bridge Company, in their act of incorporation, and the authority granted to the St. Louis and Illinois Bridge Company, by an act of the gen- eral assembly of the State of Missouri, approved March nineteenth, eighteen hundred and sixty-eight: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the company formed by this consolidation, under the name and style of the Illinois and St. Louis Bridge Company, is Illinois and St. hereby recognized and declared to be a corporation by that iº; sº e * & gre name, with full power and authority to construct a bridge across the Mis: across the Mississippi River opposite the city of St. Louis, ; PP* in conformity to the act of which this act is amendatory, y with all the rights, privileges, and powers granted and con- Rights and ferred by the several acts of the general assemblies of the Privileges; States of Illinois and Missouri to the respective companies by the consolidation of which the said Illinois and St. Louis Bridge Company was formed, and not inconsistent with the provisions of the act to which this act is amendatory: And provided further, That in constructing said bridge there shall be one span of at least five hundred feet clear between spans. plerS. 1574 BR-4 50 LAWS RELATING TO CONSTRUCTION OF BRIDGEs Corporation SEC. 2. And be it further enacted, That the said corpora *:::::::"...ition may executé a mortgage and issue bonds payable issue bonds, principal and interest, in gold, and their bridge across the Mississippi River and approaches thereto, when constructed, ºilº, to be a shall be a post road to carry the mails of the United States, post-road. and to enjoy the rights and privileges of other post-roads. SEC. 3. And be it further enacted, That said corporation Meetings of may hold their meetings in either the State of Illinois or the * State of Missouri, as the board of directors may elect, and Directors. the directors may be citizens of any of the United States; Suits by and and said corporation may sue and be sued in any circuit .." “P” court of the United States: Provided, That nothing in this act or in any previous legislation affecting the premises shall be so construed as to deprive the legislatures of the States of Illinois and Missouri of the right to regulate the tolls and fares which may be charged by said company for Tolls and fares, the use of such bridge: Provided further, That the tolls now fixed by the legislatures of Illinois and Missouri shall not be increased. Approved, July 20, 1868. July 20, 1868. [No. 60.] Joint Resolution in Relation to the Rock Island Bridge. l. 15, p. 258. #. . 0 Pe it resolved by the Senate and House of Representatives of vº. 485, the United States of America in Congress assembled, That the act of Congress “making appropriations for the support of Wºº, the army for the year ending June thirty, eighteen hundred gun on the bridge * e Syer the Missis, and sixty-eight, and for other purposes,” approved March § 1. * two, eighteen hundred and sixty-seven, be, and the same is See, joint res; hereby, so amended as to authorize and direct the Secretary §§§.“of War to order the commencement of work on the bridge over the Mississippi River at Rock Island, to connect the said island with the cities of Davenport and Rock Island: wºrship of Provided, That the ownership of said bridge shall be and ge. remain in the United States, and the Rock Island and Pa- Right of way, cific Railroad Company shall have the right of way over said bridge for all purposes of transit across the island and river, upon condition that the said railroad company shall pay to the United States, first, half of the cost of the superstruct- ure of the bridge over the main channel and half the cost of keeping the same in repair, and Shall also build at its own cost the bridge over that part of the river which is on the east side of the island of Rock Island, and also the railroad on and across said island of Rock Island; and upon a full compliance with these conditions said railroad company shall have the use of said bridge for the purposes of free transit, but without any claim to the ownership thereof; and said railroad company shall, within six months after See resolution said new bridge is ready for use, remove their old bridge * º from the river and their railroad track from its present loca- tion on the island of Rock Island: And provided, further, Other roads That the government may permit any other road or roads §..." "wishing to cross on said bridge to do so by paying to the parties then in interest the proportionate cost of said bridge, but no such permission to other roads shall impair the right over NAVIGABLE WATERS OF THE UNITED STATES. 51 hereby granted to the Chicago, Rock Island and Pacific Railroad Company; and that the total cost of Said bridge Cost of bridge shall not exceed the estimates made by the commissioners **** appointed under the act approved June twenty-seven, eighteen hundred and sixty-six: And provided also, That in no case shall the expenditure on the part of the United States exceed one million dollars. SEC. 2. And be it further resolved, That in case the Rock, Existing bridge Island and Pacific Railroad Company shall neglect or fail, a "..."; for sixty days after the passage of this resolution, to make built, * †: and guarantee the agreement specified in the act of appro- ... † ºsht priation aforesaid, approved March second, eighteen hun- dred and sixty-seven, then the Secretary of War shall be, and is hereby, authorized and required to direct the re- moval of the existing bridge and to direct the construction of the bridge aforesaid, and expend the money appropriated for that purpose in said act; and the said Rock Island and Pacific Railroad Company shall not have, acquire, or enjoy any right of way, or privilege thereon, or the use of said bridge, until the agreement aforesaid shall be made and guaranteed according to the terms and conditions of said act of appropriation. All acts or parts of acts inconsistent Repe a ling with these resolutions are hereby repealed. clause. SEC. 3. A ma be it further resolved, That any bridge built Bridge to con: under the provisions of this resolution shall be constructed #2; i.e. So as to conform to the requirements of section two of an act 246, § 2. entitled “An act to authorize the construction of certain bridges, and to establish them as post-roads,” approved July twenty-fifth, eighteen hundred and sixty-six. Approved, July 20, 1868. ‘CHAP. 233.−An Act making Appropriations and to supply Deficien- July 25, 1868. cies in the Appropriations for the Service of the Government for the Vol. 15, p. 171. fiscal Year ending June thirtieth, eighteen hundred and sixty-eight, -- and for other Purposes. Be it enacted by the Senate and House of Representatives of Deficiencies the United States of America in Congress assembled, That the *:::::::::::::: following sums, or so much thereofas may be necessary, be, 30, 1868. and the same are hereby, appropriated for the objects here- inafter expressed, for the fiscal year ending June thirtieth, eighteen hundred and sixty eight, viz. – #: $ $ :* $ Rock Island Arsenal.—For the erection of a bridge to Rock Island connect Rock Island arsenal with the city of Rock Island, * Illinois, one hundred thousand dollars, said bridge to be constructed and completed for the sum hereby appropriated. 3& $ $ S& $ Approved, July 25, 1868. CHAP. 261.—An Act relating to the Alexandria Canal. July 27, 1868. WHEREAs by an act of Congress, on the twenty-sixth day "". P.” of May, eighteen hundred and thirty, the Alexandria Canal ºlexandriaca. Company was incorporated, and authorized and empowered "Freamble. to construct, operate, and maintain a canal from George. §§, town, in the District of Columbia, to Alexandria, in the y Rººs =+-ve 52 LAWS RELATING TO CONSTRUCTION OF BRIDGES State of Virginia, with an aqueduct across the Potomac, river at Georgetown; and whereas by an act of the general assembly of the State of Virginia, passed on the sixteenth day of February, eighteen hundred and sixty-six, the board of public works was authorized to unite with the corporate authorities of the city of Alexandria in making disposition of the Alexandria canal, in order to repair and make said canal available; and whereas said board of public works did, in pursuance of said authority, so unite with said cor- porate authorities, and did by their joint vote, and a vote of the majority of the stockholders of said canal company, empower and direct the president and directors of the said canal company to lease the said canal for the period of ninety-nine years; and whereas the said president and directors, in pursuance of said authority, did, on the six- teenth day of May, eighteen hundred and sixty-six, grant, lease, and convey the said canal, its aqueduct, locks, banks, lands, gates, and property of all description to Henry H. Wells, Philip Quigley, and William W. Dungan, the grantees therein named ; and whereas afterward, and by an act passed by the general assembly of the State of Virginia, on the seventeenth day of April, eighteen hundred and sixty- seven, the said lease was ratified and affirmed, and the lessees were further authorized and empowered to build, operate, and maintain a new aqueduct, and in conjunction there with a railroad and a road bridge across said piers, and build, operate, and maintain a railroad from George- town to Alexandria; and whereas the said lessees have entered into possession of and repaired the said canal, and have erected a new aqueduct across the said Potomac river upon the said piers connecting the Chesapeake and Ohio canal with the said Alexandria canal : Therefore, Be it enacted by the Senate &nd House of Representatives of - the United States of America in Congress assembled, That the A que du c t said aqueduct across the Potomac river from Georgetown *:::::... to the Virginia shore, and so connecting the said canals, is iº. hereby declared to be a lawful structure in its present posi. . 'tion and elevation, anything in any law or laws of the United States, or of any State, to the contrary notwith- standing. SEC. 2. And be it further enacted, That the said lessees, their associates, their heirs, and assigns, are hereby author- tº a º: ized and empowered to maintain and operate said aqueduct, ...iº, and to erect, build, operate, and maintain across the Poto- erected overit. mac river from Georgetown, in the District of Columbia, to the Virginia shore, upon and over the stone piers upon which the aqueduct now rests, in conjunction there with, a bridge of wood, iron, or stone, with one or more ways for the passage of persons, animals, and vehicles, and also with One or more tracks or ways for the passage of engines and cars, with such other conveniences as are usual or necessary for a railroad. ſº SEC. 3. And be it further enacted, That it shall be lawful for the said lessees, their associates and successors, to lay A railroad may out, construct, maintain, and operate a railroad across said ... ..."; bridge from Georgetown, in the District of Columbia, to the bridge. Virginia shore, and there to connect with said railroad. oyBR NAVIGABLE waters of THE UNITED STATES. 53 SEC. 4. And be it further enacted, That as soon as the -chief engineer of the arıny shall certify to the Secretary of War that the said bridge is so far completed as to be ready, fit, and convenient for the passage of persons, animals, and vehicles, the said lessees, their successors, and their legal representatives, unay demand, have, and receive, in advance, the following tolls, to wit: For any foot passenger Crossiug Rates of tolls on said bridge, two cents; for any horse, mule, or jack, any “*; ox, or other horned cattle, five cents; for any vehicle drawn by one animal, fifteen cents; drawn by two animals, twen- ty-five cents; drawn by four animals, thirty-five cents, but no extra charge shall be made for the driver of such vehi- cle ; for ally hog, sheep, or other live creature, one cent ; which certificate shall be published for three weeks in two to be published daily papers in the city of Washington at the expense of...º. the company: Provided, however, That it shall be lawful for ton; said lessees to commute those rates to persons requiring May be com- yearly passes; which said rates, or other lower rates to be" by them prescribed from time to time, the said lessees may demand in advance, or may sue for, have, and receive, of and from any person who shall pass over said bridge, Or who shall send, ride, or drive any animal or vehicle over the said bridge without first paying said tolls. And any person who shall attempt to injure said bridge, or to pass Penalty for in- over the same, or to pass his animals over it, without first.”.” paying the tolls prescribed herein, or shall attempt to force tempting to said bridge, shall be deemed guilty of a misdemeanor, and ** be subject to a fine of not less than five dollars nor more than ten dollars for each offense, to be recovered in any court having jurisdiction of misdemeanors in the District of Columbia: Provided, however, That a conviction for such Proviso. misdemeanor shall not in any wise be a bar to any suit brought to recover damages for an injury to said bridge: - Provided, however, That said bridge is open and free for the .."; i.e. passage of troops and munitions of war by the United ºilet; States without charge or compensation of any kind. States. SEC. 5. And be it further enacted, That in case the said irº bridge shall not be fully completed within five years from completed in five the passage of this act, then this act shall be null and void. Yº: SEC. 6. And be it further enacted, That said company shall -* not grant to any railroad or other corporation the exclusive, Noonerailroad right to transfer passengers or freight over said railroad ºve bridge, but any privilege granted to one corporation shall be extended to all who may make application for such priv- .ilege on equal terms; and shall not sell, transfer, or lease their corporate rights to any company that will not check baggage or commute fares with all railroads north or South. SEC. 7. And be it further enacted, That the right is hereby . Act may be al- reserved to Congress to amend, alter, or repeal this act. “* Approved, July 27, 1868. CHAP. 37.—An Act to establish a certain Post-Road in the State of Feb. 19, 1869. Connecticut. Vol. 15, p. 272. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress be, and the same is hereby, given to 54 LAWS RELATING TO CONSTRUCTION OF BRIDGES, Drawbridge the erection of a drawbridge over the Connecticut River, . . . at or near Middletown, in the State of Connecticut, by the ticut River by New Haven, Middletown, and Willimantic Railroad Com- *.iº. pany, in accordance with the terms of a resolution passed by the general assembly of said State, at the May session thereof, A. D. eighteen hundred and sixty-eight, amenda- tory of the charter of said railroad company. Bridge and SEC. 2. And be it further enacted, That said bridge, when .**** completed in the manner specified in said resolutions, and in the place and in accordance with the plans of the board of engineers to be appointed in conformity to the resolution aforesaid, and in accordance with the requirements of the Second section of the resolution of the general assembly of the State aforesaid, shall be deemed and taken to be a legal structure, and shall, with the railroad of which it is to be a part, be a post-road for the transmission of the mails of the United States. Aºtº. SEC. 3. And be it further enacted, That Congress reserves #.” # the right to withdraw the assent hereby given, in case the &c. free navigation of said river shall at any time be substan- tially and materially obstructed by any bridge to be erected under the authority of said resolution. SCHUYLER COLFAX, Speaker of the House of Representatives. B. F. WADE, President of the Senate pro tempore. Indorsed by the President: “Received February 8, 1869.” |NOTE: BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] Feb. 19, 1869. CHAP. 38.—An Act to establish a certain Post-Road in the State of Vol. 15, p. 273. Connecticut, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress be, and the same is hereby, given to Drawbridge the erection of a drawbridge over the Connecticut River, in . . . the State of Connecticut, by the Shore Line Railway Com- #;"sº...”. pany, in accordance with the terms of a resolution passed R. W. Co. by the general assembly of said State at the May session - thereof, A. D. eighteen hundred and sixty-eight, amendatory of the charter of said railroad company. Bridge and road SEC. 2. And be it further enacted, That said bridge, when *** Post-road completed in the manner specified in said resolution, and in the place and in accordance with the plans of the board of engineers appointed in conformity to the resolution afore- said, and in accordance with the requirements of the second section of the resolution of the general assembly of the State aforesaid, shall be deemed and taken to be a legal OVER NAVIGABLE WATERS OF THE UNITED STATES. 55 structure, and shall, with the railroad of which it is to be a part, be a post-road for the transmission of the mails of the United States. SEC. 3. And be it further enacted, That Congress reserves Assent of Con- the right to withdraw the assent hereby given in case the ####, " . free navigation of said river shall at any time be substan- &c. tially and materially obstructed by any bridge to be erected under the authority of said resolution. SCHUYLER COLFAx, Speaker of the House of Representatives. B. F. WADE, President of the Senate pro tempore. Indorsed by the President: “Received February 8, 1869.” [NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] CHAP. 124.—An Act making Appropriations for the Support of the Mar. 3, 1869. Army for the Year ending June thirtieth, eighteen hundred and Vol. 15, p. 315. seventy, and for other Purposes. *-*-* *-º-º-º-º: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, Out of any money in the treasury not otherwise appro- Army appro. priated, for the support of the army for the year ending the Priations. thirtieth of June, eighteen hundred and seventy. $6 $ #: * $ For Repairs and Improvements of Armories and Arsenals.- ... Armories and For arsenal and armory at Rock Island, Illinois, one mill-": "island. ion dollars: Provided, That one-half of this amount shall lºan for be applied to the construction of the bridge connecting Rock Island with the cities of Rock Island and Davenport. $ & $ §§ $é Approved, March 3, 1869. CHAP. 139.-An Act to establish a Bridge across the East River, be- Mar. 3, 1869. tween the Cities of Brooklyn and New York, in the State of New York, Vol. 15, p. 336. a Post-Road. -——-a-sº Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the bridge across the East River, between the cities of New , The bridge au. York and Brooklyn, in the State of New York, to be con-fººt *š. structed under and by virtue of an act of the legislature of between New the State of New York, entitled “An act to incorporate the ." ...". New York Bridge Company, for the purpose of constructing * * and maintaining a bridge over the East River between theºstº.” cities of New York and Brooklyn,” passed April sixteenth, 56 LAWS RELATING TO CONSTRUCTION OF BRIDGES eighteen hundred and sixty-seven, is hereby declared to be, When completed in accordance with the aforesaid law of the State of New York, a lawful structure and post-road for the conveyance of the mails of the United States: Provided, tº how to That the said bridge shall be so constructed and built aS *s not to obstruct, impair, or injuriously modify the navigation of the river; and in order to secure a compliance with these conditions, the company, previous to commencing the con- struction of the bridge, shall submit to the Secretary of tºº. ; War a plan of the bridge, with a detailed map of the river to secret."ºf at the proposed site of the bridge, and for the distance of a War. mile above and below the site, exhibiting the depths and currents at all points of the same, together with all other information touching said bridge and river as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed con- ditions of the act, not to obstruct, impair, or injuriously modify the navigation of the river. wº §§. SEC. 2. And be it further enacted, That the Secretary of A. p. ºf War is hereby authorized and directed, upon receiving said *: "º plan and map and other information, and upon being satis: may then erect fied that a bridge built on such plan and at said locality will the bridge. conform to the prescribed conditions of this act, not to ob- Struct, impair, or injuriously modify the navigation of said river, to notify the 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 Bridge not to of War approve the plan and location of said bridge, and *u. º notify said company of the same in writing, the bridge shall "ºn" be built or commenced; and should any change be made tºº..." in the plan of the bridge during the progress of the work thereon, such change shall be subject likewise to the ap- proval of the Secretary of War. Act may be al. SEC. 3. And be it further emacted, That Congress shall have tered. power at any time to alter, amend, or repeal this act. Approved, March 3, 1869. Mar. 3. 1869. [No. 21.] A Resolution giving the Assent of the United States to the Vol. 15, p. 347. Construction of the Newport and Cincinnati Bridge. Resolved by the Senate and House of Representatives of the Consent of Con- United States of America in Congress assembled, That the §:#."º", consent of Congress be, and the same is hereby, given to § *...*. the erection of a bridge over the Ohio river from the city of či.i.d. Cincinnati, Ohio, to the city of Newport, Kentucky, by the to Newport, Ky. Newport and Cincinnati Bridge Company, a corporation chartered and organized under the laws of each of the States tº how to of Kentucky and hio: Provided, That said bridge is built 13."h. 167, with an unbroken or continuous span of not less than four Vol. xii. p. 569, hundred feet in the clear, from pier to pier, over the main channel of the river, and is built in all other respects in ac- cordance with the conditions and limitations of an act enti- tled “An act to establish certain post-roads,” approved July fourteenth, eighteen hundred and sixty-two. That said OVER NAVIGABLE WATERS OF THE UNITED STATES. 57 bridge, when completed in the manner specified in this reso-, when com: lution, shall be deemed and taken to be a legal structure, ..." ... and shall be a post-road for the transmission of the mails of and a post-road. the United States; but Congress reserves the right to with- draw the assent hereby given in case the free navigation of Assent of Con- said river shall at any time be substantially and materially ºrº . obstructed by any bridge to be erected under the authority &c. of this resolution, or to direct the necessary modifications and alterations of said bridge. Approved, March 3, 1869. [No. 10.] Joint Resolution authorizing the Building of a Railroad April 7, 1869. Bridge over the Ohio River at Paducah, Kentucky. Vol. 16, p. 53. - Be it resolved by the Senate and House of Representatives of Repealed, sº the United States of America in Congress assembled, That the tº consent of Congress be, and the same is hereby, given to the *śjentercon. erection of a railroad bridge over the Ohio river from the city gress given to the of Paducah, Kentucky, to the State of Illinois, by the Padu-ºº..."..."; cab and Gulf Railroad Company and such others as may ºf River from associate with them for that purpose under the laws of the #º States of Kentucky and Illinois: Provided, That said bridge Bridge, how to is built with an unbroken or continuous span of not less ** than four hundred feet in the clear, from pier to pier, over the main channel of the river, and is built in all other re- Spects in accordance With the conditions and limitations of an act entitled “An act to establish certain post-roads,” 1862, ch. 167. approved July fourteenth, eighteen hundred and sixty-two; Vol.1% P.9% that said bridge, when completed in the manner specified in this resolution, shall be deemed and taken to be a legal structure, and shall be a post-road for the transmission of to be a post- the mails of the United States; but Congress reserves the road. right to withdraw the assent hereby given in case the free Assent of Con- navigation of said river shall at any time be substautially º " and materially obstructed by any bridge to be erected un- der the authority of this resolution, or to direct the neces- Sary modifications and alterations of said bridge. Approved, April 7, 1869. CHAP. 13.−An Act giving the Consent of the United States to the Feb.2, 1870. Erection of a Bridge across the Willamette River, in Oregon, from Vol. 16, p. 64. the City of Portland to the east Bank of said River. -* - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bridge, across consent of the United States is hereby given to the corpora. ...”.” tion of the city of Portland, in the State of Oregon, to erect, :::::: Pºa. or cause to be erected, a bridge, with diverging roadways ºftº and footways and double draws, over and across the Willa- mette river, between the city of Portland and the east bank of said river, at any time within six years after the passage of this act: Provided, That the said bridge shall be so con- mode of con- structed and built as not to obstruct, impair, or injuriously * 58 LAWS RELATING TO CONSTRUCTION OF BRIDGES modify the navigation of the river; and in order to secure, a compliance with these conditions, the corporation, asso- Ciation, or company proposing to erect the same, previous to commencing the construction of the bridge, shall submit plan and map; to the Secretary of War a plan of the bridge, with a de- tailed map of the river at the proposed site of the bridge and for the distance of a mile above and below the site ex- hibiting the depths and currents at all points of the same, together with all other information touching said bridge and river as [that] may be deemed requisite by the Secre- tary of War to determine whether the said bridge, when built, will conform to the prescribed conditions of the act, not to obstruct, impair, or injuriously modify the navigation of the river: Provided further, That the Secretary of War officer to super may detail an officer to superintend the survey and exam- intend. ination of said river with a view to said location. Secretary, of SEC. 2. And be it further enacted, That the Secretary of Yº, War is hereby authorized and directed, upon receiving said When, &c. plan and map and other information, and upon being satis- fied that a bridge built on such plain [plan] and at said locality will conform to the prescribed conditions of this. act, not to obstruct, impair, or injuriously modify the navi- gation of Said river, to notify the said corporation, associa- tion, or company proposing to erect the same that he approves the same; and upon receiving such notification, the said corporation, association, or company may proceed to the erection of said bridge, conforming strictly to the Bridge not to approved plan and location. But until the Secretary of Hºn...” War approve the plan and location of said bridge, and notify the said corporation, association, or company of the same, the bridge shall not be built or commenced. la;;..."; SEC. 3. And be it further enacted, That the said corpora- the bridge. tion of the city of Portland is hereby authorized and em- powered, so far as Congress has the power to grant the Same, to make such rules and regulations for the care of said bridge, and for the regulation and collection of tolls for crossing on the same, as they shall deem just and reasonable. Approved, February 2, 1870. Mar. 25, 1870. [No. 29.] Joint Resolution in Relation to the Construction of the Rock Vol. 16, p. 371. Island bridge. Rock Island Be it resolved by the Senate and House of Representatives of ... "... the United States of America in Congress assembled, That, in gle-track rail the construction of the bridge heretofore authorized by *gon road. Congress, across the Mississippi river, between Rock Island whº, and the city of Davenport, the Secretary of War shall have peº.” ” power to construct the same for a single-track railroad only, M. º. and to place the wagon road below the railroad track, as 0. " .." recommended by the chief of engineers: Provided, That in nºt §§ no case shall the expenditure on the part of the United 20, 1868. States exceed one million dollars. Approved, March 25, 1870. OVER NAVIGABLE WATERS OF THE UNITED STATES. 59 CHAP. 46.--An Act giving the Consent of the United States to the April 6, 1870. Erection of a Bridge across the Delaware River, between Philadelphia vol.16, p. 31. and Camden. sº-º-º-º-º-º-º-º-º-º-º-º-º-º-º: -º-º-º-º-º-º-º- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consent of the consent of the United States is hereby given to James Pol. º. i. lock, Morton McMichael, Thomas S. Speakman, Alexander tº: G. Cattell, Presby B. O'Neill, William Moore, Edward Bet. ...”.”; tle, Henry L. Bonsall, Geo. S. Woodhull, Simon Cameron, ºr P. C. Brink, James Page, H. M. Phillips, John C. Tatum, àeiphia and Cam. Hector Orr, Charles Cox, Thomas Shaw, William Nicholson, ... * *P* Reynell Coates, James H. Orne, Edwin H. Fetter, William EI. Kern, Nathan Hilles, Robert E. Randall, Marmaduk B. Taylor, Sinnickson Chew, and their associates, first having [Declared a obtained an act of incorporation by either the State of Penn-Yº...º.º. sylvania, or the State of New Jersey, to erect a bridge with ióðj " diverging roadways and double draws, over and across the Delaware river, between the city of Philadelphia, in the State of Pennsylvania, and the city of Camden, in the State of New Jersey, at any time within six years after the pas- sage of this act : Provided, That the said bridge shall be so Bridge, how to. constructed and built as not to obstruct, impair, or inju- ** riously modify the navigation of the river; and in order to secure a compliance with these conditions, the company, previous to commencing the construction of the bridge, shall Plan and map. submit to the Secretary of War a plan of the bridge, with . . . a detailed map of the river at the proposed site of the bridge, of War. togetber with all other information touching said bridge and river as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will con- form to the prescribed conditions of the act, not to obstruct, impair, or injuriously modify the navigation of the river: And provided also, That the consent of the said States of Consent of Penn: Pennsylvania and New Jersey shall be first had and ob-sºº. tained by act of incorporation or otherwise. first obtained. SEC. 2. And be it further enacted, That the Secretary of . Secretary of tº f Warto notify cor- War is hereby authorized and directed, upon receiving said ºf his. plan and map and other information, and upon being satis- approval, if *. fied that a bridge built on such plan and at said locality Will conform to the prescribed conditions of this act, not to obstruct, impair, or injuriously modify the navigation of Said river, to notify the said company that he approves the Same; and upon receiving such notification, the said com- pany may proceed to the erection of said bridge, conforming strictly to the approved plan and location. But until the Secretary of War approve the plan and location of said º bridge, and notify said company of the same, the bridge lº§º. shall not be built. approved plan. Approved, April 6, 1870. CHAP. 125.-An Act to establish certain Post-Roads in the State of June 8, 1870. Alabaula, and for other Purposes. Vol. 16, p. 149. Be it enacted by the Senate and House of Representatives of Drawbridge. the United States of America in Congress assembled, That the . .”. consent of Congress be, and the same is hereby, given to ma River, near the erection of a drawbridge over the Alabama river, near * dº | {30 LAWS RELATING TO CONSTRUCTION OF BRIDGES the city of Selma, by the Western Railroad Company of the State of Alabama, in accordance with an act of the legisla- ture of said State incorporating said company. SEC. 2. And be it further enacted, That the consent of Congress be, and the same is hereby, given to the erection and above the of a drawbridge over the said river, above the city of Mont- *ś. * gomery, by the South and North Alabama Railroad Com- pany, in accordance with the act of the legislature incor- Proviso. porating said company: Provided, That said drawbridges shall be respectively constructed so as to cross the streams at right angles with the current, and the approaches to such draws shall be protected by piers or other means that boats may enter the draws with safety in such manner otherwise as not unaterially or substantially to obstruct the free navi- gation of said river. Assent of Con. SEC. 3. And be it further enacted, That Congress reserves jº º the right to withdraw the assent hereby given, as to either &C. ' ' " or both of said companies, in case the free navigation of the Said river shall be at any time materially or substantially obstructed by either or both of said bridges. Bridges to be SEC. 4. And be it further emacted, That said bridges, when post-roads. completed in the manner specified in said acts of incorpora- tion, shall be deemed and taken to be legal structures, and shall, with the railroads of which they are parts, be post- roads for the transmission of the mails of the United States. Approved, June 8, 1870. . June 21, 1870. CHAP. lºz.-An Act supplementary to an Act entitled “An Act to Vol. 16, p. 161. authorize the Construction, Extension [Extension, Construction] and ~. T.T. Use of a lateral Branch of the Baltimore and Potomac Railroad Com- !º: º 387, pany into and within the District of Columbia,” approved February 1863, ch.'3. five, eighteen hundred and seventy [sixty-seven]. VOl. º, p. 3. - 1870, ch. 32. tº g Vol. 16, p. 78. Be it enacted by the Senate and House of Representatives of Lateral branch tº * ...' * Y ſº cº., the United States of America in Congress assembled, That the fotomac Rail. Baltimore and Potomac Railroad Company be, and they are jº"... hereby, authorized and empowered to extend their lateral nect, &c.; branch, authorized by the act to which this is a supplement, and by former supplements to said acts, by the way of Maryland avenue, conforming to its grade, to the viaduct over the Potomac River, at the city of Washington, known as the Long Bridge, and to extend their tracks over said bridge, and connect with any railroads constructed, or that may hereafter be constructed, in the State of Virginia. To may use Long effect these purposes the said Baltimore and Potomac Rail- Bridge. road Company are hereby authorized and empowered to take possession of, hold, change, and use the said bridge, and the draws connected therewith, in perpetuity free of Long Bridge cost: Provided, That the said Baltimore and Potomac Rail- i.º. #. road Company will maintain in good condition the said ordinary travel, bridge for railway and ordinary travel; and the bridge shall at all times be and remain a free bridge for public use for ordinary travel: And provided further, That the said Balti- more and Potomac Railroad Company shall erect and main- Drawbridges, tain the drawbridges, so as not to impede the free naviga- OVER NAVIGABLE WATERS OF THE UNITED STATES. 61 tion of the Potomac river, in efficient working condition at all times; and that, until such time as the needful changes Repairs, &c., are made to accommodate railroad and other traffic, as con-º."º...? templated by this supplement, it shall be the duty of the States. said Baltimore and Potomac Railroad Company to repair without delay all damages to the present bridge, and main- tain it without cost to the United States: Provided, [That] ... Other, railroad said railroad company shall give other railroad companies ...,n. the right to pass over said bridge upon such reasonable terms as may be agreed upon, or Congress prescribe. SEC. 2. And be it further enacted, That if the said Baltimore United States. and Potomac Railroad Company shall at any time neglect; ; ; to keep such bridge in good repair, and free for public use not º: , re. for ordinary travel, the government of the United States” “* may enter into possession of the said bridge; and Congress, This act, may reserves the right to alter or amend this law. be amended. Approved, June 21, 1870. CHAP. L66.—An Act declaring the Bridge between Philadelphia and June 28, 1870. Camden a Post-Route. Vol. 16, p. 168. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bridge author. bridge authorized to be constructed by “An act giving;...": . the consent of the United States to the erection of a bridge ºn *::::::: across the Delaware river, between Philadelphia and Cam-Hºi'". den,” approved April sixth, eighteen hundred and seventy, º, Ch. 46. when erected, shall be, and is hereby, declared to be a post- TOute. - Approved, June 28, 1870. CHAP. l'76.—An Act to authorize the Construction and Maintenance June 30, 1870. of a Bridge across the Niagara River. Vol. 16, p. 173. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any Modification in bridge and its appurtenances which shall be constructed *i. *:::: across the Niagara river, from the city of Buffalo, New tº * e * - , ch. 475.] York, to Canada, in pursuance of the provisions of an act Aºy" bridge of the legislature of the State of New York, entitled “An .º. act to incorporate the International Bridge Company,” &c., under, &c. passed April the seventeenth, one thousand eight hundred jº. and fifty-seven, or of any act or acts of said legislature now ºed as a in force, amending the same, shall be lawful structures, and post-Ioad. shall be so held and taken, and are hereby authorized to be constructed and maintained as provided by said act and Such amendments thereto, anything in any law or laws of the United States to the contrary notwithstanding; and such bridge shall be, and is hereby, declared to be an established post-road for the mails of the United States; but this act Shall not be construed to authorize the construction of any bridge which shall not permit the free navigation of said river to substantially the same extent as would be enjoyed 62 LAWS RELATING TO CONSTRUCTION OF BRIDGES under the provisions of said act and the amendments thereto, heretofore enacted and now in force: Provided, Location of nevertheless, That the location of any bridge, the construc- }..."...ition of which is hereby authorized, shall be subject to the ºf Secretary of approval of the Secretary of War, but not to be located War. south of Squaw island: And provided further, That such Draws. bridge shall have at least two draws of not less than one hundred and sixty feet in width, in the clear between Piers, the piers, which shall be located at the points best calcu- lated to accommodate the commerce of said river; and the piers of said bridge shall be parallel to the current of said I’IV €I’. Construction of SEC. 2. And be it further enacted, That the bridge herein *::::::::: named shall be subject, in its construction, to the super- ºf the Secretary vision of the Secretary of War of the United States, to Of War. * fº & wº * Aij railway Whom the plans and specifications, relative to its construc- §." tº ...ition, shall be submitted for approval. And all railway rights in the use companies desiring to use the said bridge shall have and be ***** entitled to equal rights and privileges in the passage of the Same and in the use of the machinery and fixtures thereof and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the district court of the United States for the Northern district of New York, upon hearing the allegations and proofs of the parties, in case they shall not agree. alſº nº º: SEC. 3. And be it further enacted, That the right to alter As º' " " or amend this act so as to prevent or remove all material obstructions to the navigation of the said river, by the con- Struction of the said bridge, is hereby expressly reserved. Approved, June 30, 1870. July 1, 1870. CHAP. l.95.—An Act authorizing the Construction of a Bridge across Wol. 16, p. 185. the Arkansas River, at Little Rock, Arkansas. Be it enacted by the Senate and House of Representatives of Bridge, across the United States of America in Congress assembled, That it *::::::#; shall be lawful for the Citizens' Bridge Company, a corpo- Rock, author: ration having authority from the State of Arkansas, to build ized. a railroad, transit, and wagon bridge across the Arkansas All trains of all river at or near the city of Little Rock, in Arkansas; and ...” º: that, when constructed, all trains of all roads terminating .OWeſ. at the Arkansas river, at or near the location of said bridge, shall be allowed to cross said bridge for a reasonable com- pensation to be paid to the owners thereof; and in case of Questions of ob: any litigation arising from any obstruction or alleged sº obstruction to the free navigation of said river, the cause federal courts." may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. Fºllºw SEC. 2. And be it further enacted, That any bridge built * * * under the provisions of this act may, at the option of the company building the same, be built as a drawbridge, with a pivot or other form of a draw, or with unbroken and contin- uous spans: Provided, That if the said bridge shall be made OVER NAVIGABLE WATERS OF THE UNITED STATES. 63 \ with unbroken and continuous spans, it shall not be in any case of less elevation than fifty feet above extreme high-, Elevation if water mark, as understood at the point of location, to theº" bottom chord of the bridge. Nor shall the spans be of less ...ºng th of than two hundred and fifty feet in length in the clear; and " the piers of said bridge shall be parallel with the current Piers. of said river; and the main span shall be over the main Main span. channel of the river at low water: And provided also, That if any bridge built under this act shall be constructed as a drawbridge, the same shall be constructed as a pivot draw- . If built as a bridge, with a draw over the main channel of the river at ...".e.: an accessible and navigable point, and with spans of not as a pivot draw. less than one hundred and sixty feet in length in the clear,” on each side of the central or pivot pier of the draw. And the next adjoining spans to the draw shall be not less than Spans. two hundred and fifty feet; and said spans shall not be less than twenty feet above high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river: And provided also, te That said draw shall be opened promptly upon reasonable D raw to be signal, for the passage of boats whose construction shall” not be such as to admit of their passage under the perma- ment spans of said bridge, except when trains are passing over the same ; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. SEC. 3. And be it further enacted, That any bridge Con- Bridge to be a structed under this act and according to its limitations shall º be a lawful structure, and shall be recognized and known sº as a post-route, upon which also no higher charge shall be Charges to the 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 their transportation over the rail- roads or the public highways leading to the said bridge: And provided also, That said corporation may execute a mortgage and issue bonds payable, principal and interest, corporation in gold or United States currency. ...” SEC. 4. And be it further enacted, That the United States "’ shall have the right of Way for postal telegraph purposes Right of way across said bridge. ºnal tele SEC. 5. And be it further enacted, That the bridge com-" pany aforesaid, shall submit to the Secretary of War, for his Plans of bridge approval, a plan with the necessary drawings of their bridge, ; ;..."; conforming to the above requirements; and until the Sec- War. retary of War approve the plan and location of said bridge, běš.” and notify the company of the same in writing, the bridgewºº, , , , shall not be built or commenced; and should any change be piº.” " made in the plan of the bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War. SEC. 6. And be it further enacted, That Congress shall have power at any time to alter, amend, or repeal this act. alſº: "ºi º Approved, July 1, 1870. pealed. 64 LAWS RELATING TO CONSTRUCTION OF BRIDGES July 11, 1870. CHAP. 240.—An Act making Appropriations for the Repair, Preserva- Vol. 16, p. 228, tion, and Completion of certain public Works on Rivers and Harbors, TT and for other Purposes, for the fiscal Year ending June thirtieth, eighteen hundred and seventy-one. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, :}; $: Wº: $ :}; SEC. 5. And be it further enacted, That the Secretary of Engineers to ex. War is hereby authorized and required to detail three *.*.*; engineers, whose duty it shall be to examine all bridges River, and report now erected, or in process of erection, across the Ohio river, jº and to report whether, in their opinion, such bridges, or any by, &c. of them, as now constructed, or proposed to be constructed, do or will interfere with the free and safe navigation of said river; and if they do or will so interfere, to report also what extent of span and elevation above water will be required to prevent obstruction to navigation, and their estimate of the cost required to change such bridges now built, or being built, to such width of span and elevation above the water as will prevent obstruction to navigation, such report to be made and communicated to the next session of Congress. Approved, July 11, 1870. - July 14, 1870. CHAP. 260.-An Act to amend an Act entitled “An Act authorizing Vol. 16, p. 275. the Construction of a Bridge across the Missouri River upon the mili- ~...T tary Reservation at Fort Leavenworth, Kansas.” 1868, cli. 179. rºa Kºrº Be it enacted by the Senate and House of Representatives of lº the United States of America in Congress assembled, That the †ay i. iśī2, ch, sixth section of the act entitled “An act authorizing the 130, § 2. construction of a bridge across the Missouri river, upon the military reservation at Fort Leavenworth, Kansas,” be amended, so as to read as follows: SECTION 6. And be it pººfurther enacted, That it shall be lawful for the Saint Joseph jaytºia; and Denver City Railroad Company, a corporation char- gº º * tered and created by the laws of the State of Kansas, or e ge their assigns, to build a bridge, and maintain the same, Rights, restric across the Missouri river at or near Saint Joseph, Missouri, tions, &C. on the terms, and subject to the limitations and restrictions contained in the first, second, and third Sections of the act 1866, ch. 246, §§ of Congress, passed July twenty-five, eighteen hundred and 1–3. sixty-six, entitled “An act to authorize the construction of certain bridges, and to establish them as post-roads,” and that said corporation may have, hold, and enjoy all the rights, privileges, and franchises conferred by, and contained in, said last-mentioned act; and said company may construct and maintain ways for wagons, carriages, and for foot pas- sengers, charging and receiving reasonable tolls therefor; Bridge made a and when said bridge is constructed under said limitations post-route. it shall be a lawful structure and be recognized and known Proviso, as a post-route: Provided, That if said bridge shall be con- structed as a drawbridge the spans of the draw shall not be less than two hundred feet in the clear on each side of the central point. * Approved, July 14, 1870. OVER NAVIGABLE WATERS OF THE UNITED STATES. 65 [No. 111...] Joint Resolution granting the Evansville and Southern Illi- July 14, 1870. nois Railroad Company the Right to build a Bridge across the Big Vol. 16, p. 388. Wabash River. —— Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the . Evansville and Evansville and Southern Illinois Railroad Company, a cor-#"º". poration organized, under an act of the legislature of the tº State of Illinois, is hereby granted the right to construct an ##"º. iron or wooden bridge for railroad purposes and as a public River. highway, either with a draw or a continuous span, as it may determine, across the Big Wabash river at any point said corporation may select, either at the little chain, in or oppo- site White county, Illinois, and Posey county, Indiana, or at any point above the same, extending up said river as far as the town of New Harmony, in said county of Posey, and Jº State of Indiana; and should said railroad company here- Proviso, if com. after at any time consolidate with the Evansville, Carmi, º, ...” and Paducah Railroad Company of Indiana, or any com- j pany now organized or hereafter to be organized in the said State of Indiana, that the rights and franchises hereby granted shall enure to and become wested in Said consolida- ted company and its assigns forever: Provided, That the bridge to be constructed under the authority hereby granted, Bridge, how to shall not interfere with the free navigation of said stream” beyond what is necessary in order to carry into full effect the rights and privileges hereby granted, and shall be built at right angles with the current of the stream where said bridge may be erected, and that a space of at least one hundred and seventy feet over the main channel of said stream shall be left between the piers of said structure: And provided further, That if said bridge shall be built with Drawbridge a draw of not less than one hundred feet in width, and said º: (lraw is kept in repair for the passage of boats at all times, if, &c. the detention of passing said bridge shall not be construed as interfering with the navigation of the stream : And it is further provided, That said bridge shall be and considered tº: a legal structure, and shall be a post-road for the transmis- fºre sion of the United States mails: And provided further, That in case said bridge is built with a continuous span, the piers , Span, piers, shall be at least two hundred feet apart, and the bridge "º", * shall be built at such height as not to interfere with the navigation of said river by steamboats. º Approved, July 14, 1870. CHAP. 292. —An Act making Appropriations for sundry civil Expenses July 15, 1870. of the Government for the Year ending June thirty, eighteen hundred Vol. 16, p. 291. and seventy-one, and for other Purposes. -*-*- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Civil expenses following sums be, and the same are hereby, appropriated, *P* for the objects hereinafter expressed, for the fiscal year end- 1574 BR 5 66 LAWS RELATING TO CONSTRUCTION OF BRIDGES ing the thirtieth June, eighteen hundred and seventy-one, VIZ. I- *. * $ - 3& $. $ Armories and Arsenals.— $ §§ $ tº: Island . For continuing the construction of Rock Island bridge, Sev" three hundred thousand dollars. sº 3& $ Approved, July 15, 1870. * #: Feb. 24, 1871. CHAP. 67.-An Act to authorize the Union Pacific Railroad Company Vol. 16, p. 430. to issue its Bonds to construct a Bridge across the Missouri River at — Omaha, Nebraska, and Council Bluffs, Iowa. Be it enacted by the Senate and House of Representatives of Union Pacific the United States of America in Congress assembled, That for Railrºad Cº., the more perfect connection of any railroads that are or ny may is sue * * . bonds, &c., to shall be constructed to the Missouri river, at or near Coun- ‘...º. cil Bluffs, Iowa, and Omaha, Nebraska, the Union Pacific |Missourifiverat Railroad Company be, and it is hereby, authorized to issue Omaha. such bonds, and secure the same by mortgage on the bridge and approaches and appurtenances, as it may deem needful to construct and maintain its bridge over said river, and the tracks and depots required to perfect the same, as now authorized by law of Congress; and said bridge may be so Construction of constructed as to provide for the passage of ordinary ve- *** **, hicles and travel, and said company may levy and collect tolls and charges for the use of the same; and for the use and protection of said bridge and property, the Union Paci- fic Railway Company shall be empowered, governed, and tº limited by the provisions of the act entitled “An act to au- thorize the construction of certain bridges, and to establish 1866, ch. 246, them as post roads,” approved July twenty-five, eighteen V**** hundred and sixty-six, so far as the same is applicable thereto ; And provided, That nothing in this act shall be so Eastern termi; construed as to change the eastern terminus of the Union ... Pacific railroad from the place where it is now fixed under existing laws, nor to release said Union Pacific Railroad Company, or its successors, from its obligation as estab- Congress, may lished by existing laws: Provided also, That Congress shall fººtetousand at all times have power to regulate said bridge, and the rates for the transportation of freight and passengers over the same, and the local travel bereinbefore provided for. A mount of And the amount of bonds herein authorized shall not ex- bonds. s ceed two and a half millions of dollars: Provided, That if DTaw8. said bridge shall be constructed as a drawbridge, the same shall be constructed with spans of not less than two hun- dred feet in length in the clear on each side of the central or pivot pier of the draw. Approved, February 24, 1871. Mar. 3, 1871. CHAP. Llo.—An Act to authorize the Construction of a Bridge over Vol. 16, p. 473. the Mississippi River at Louisiana, Missouri, and also a bridge over the Missouri River at Glasgow, in said State. Be it enacted by the Senate and House of Representatives of Louisiana, and the United States of America in Congress assembled, That the *ēo: Louisiana and Missouri River, Railroad Company, a cor- f OVER NAVIGABLE WATERS OF THE UNITED STATES. 67 poration existing under the laws of the State of Missouri, may, construct, be, and is hereby, authorized to construct and maintain a .'; bridge over the Mississippi river at the city of Louisiana, at, &c. in said State of Missouri. SEC. 2. That said bridge shall be a lawful structure, and, Bridge to be a shall be recognized and known as a post-route, upon which º also no higher charge shall be made for the transmission Charges. " 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 highways leading to the said bridge; and it shall enjoy the rights and privi- leges of other post-roads in the United States. SEC. 3. That if the said bridge shall be made with un- broken and continuous spans, it shall not be of less eleva- Spans. tion in any case than fifty feet above high-water mark, as understood at the point of location, to the bottom chord of Athe bridge; nor shall the spans of said bridge over the main channel of said river be less than three hundred and fifty feet in length, and the piers of said bridge shall be parallel Piers. with the current of said river : And provided, also, That if the same shall be constructed as a drawbridge, the Drawbridges; draw or pivot shall be over the main channel of the river at an accessible navigable point, and the spans not less than two hundred feet in length in the clear; and the piers of said bridge shall be parallel with the current of the river, and the spans shall not be less than ten feet above high-Water mark to the bottom chord of said bridge: Provided, also, That said draw shall be opened promptly, upon reasonable to be opened signal, for the passing of boats. promptly. SEC. 4. That the right to alter or amend this act, so as to Act may be al. - prevent or remove all material obstructions to the naviga- *** tion of said Mississippi river by the construction of bridges, is hereby expressly reserved. SEC. 5. That all railway companies desiring to use the All railway said bridge shall have and be entitled to equal rights and ####### privileges in the passage of the same, and in the use of the ºiº. machinery and fixtures thereof, and of all approaches thereto, under and upon such terms and conditions as Shall be pre- Terms and con scribed by the district court of the United States for the dis-ditions. trict in which said bridge is situated upon hearing the allega- tions and proofs of the parties, in case they shall not agree. SEC. 6. That a bridge may be constructed Over the Mis- Bridgeover the souri river at or within nine miles of the town of Glasgow, ºn." in Howard coufnty, Missouri, by the said Louisiana and Mis- " " `" souri River Railroad Company : Provided, That the said bridge shall be made with unbroken and continuous spans, spans. and shall not be of less elevation in any case than fifty feet above high-water mark, as understood at the point of loca- tion, to the bottom chord of the bridge ; nor shall the spans of said bridge over the main channel of said river be less than three hundred and fifty feet in length, and the piers of Piers. said bridge shall be parallel with the current of the river; and shall be subject to the same terms and restrictions as contained in this act for the construction of the bridge at Louisiana, Missouri. 4. $ Approved, March 3, 1871. 68 LAWS RELATING TO CONSTRUCTION OF BRIDGES' Mar 8, 1871, CHAP. Il4.—An Act making appropriations for sundry civil expenses Vol. 16, p. 495. of the government for the fiscal year ending June thirty, eighteen T hundred and seventy-two, and for other purposes. Be it enacted by the Senate and House of Representatives of Civil expenses the United States of America in Congress assembled, That the ” following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending the thirtieth June, eighteen hundred and seventy- two, viz: 3& $ $ $ $ W.A.R. DEPARTMENT. $ :* $ :}; 3& Armories and Arsenals.— * $ #: Bridge at Rock For completing the bridge at Rock Island, being an un- Islan expended balance covered into the treasury under the act of July twelve, eighteen hundred and seventy, five hundred thousand dollars. $ $ 3& $ * Approved, March 3, 1871. Mar. 3, 1871, CHAP. 12l.—An Act making Appropriations for the Service of the Vol. 16, p. 571. Post-Office Department for the Year ending June thirty, eighteen gººmsºmºsºsmºs hundred and seventy-two, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, :}; $ #: :}; $ ..º. SEC. 5. That it shall be unlawful for the Newport and #er ºn Šin. Cincinnati Bridge Company, or any other company, or per- *g, * New son, to proceed in the erection of the bridge now being port, Ky. ; constructed over the Ohio river from the city of Cincinnati, Ohio, to the city of Newport, Kentucky, and the approaches thereto, unless the said bridge shall be so constructed that the channel span of four hundred feet, as now located, shall have under said span a clear headway, at low water, of one hundred feet below any point of said channel span, and in no draw if, &c. such case no draw shall be required in said bridge; all the other spans of said bridge, which cover the Ohio river, to low-water mark, shall have a clear headway of not less than seventy feet above low-water mark, and the other spans of the said bridge, extending to each shore, may be made of less elevation than seventy feet above low-water mark, to accommodate a regular grade for the approaches to said Bridge, &c., to bridge. And when the foregoing requirements shall have ºil...” been complied with by the said Newport and Cincinnati Bridge Company, the location of said bridge, its structures, and approaches, shall thereupon be deemed to be legalized, and declared to be lawful structures, and shall be recog- Plan to be ap-nized and known as a post-route. The plaus for changes in # *W.” such bridge, made necessary by this act, shall be submitted by said company to the Secretary of War for his approval. ** OVER NAVIGABLE WATERS OF THE UNITED STATES. 69 And, in the event of the bridge company making the changes, when the provided for in this act, it shall be lawful for the said com-º.º.º.º. pany, after they shall have made the changes in said bridge, changes, &c., it and the approaches thereto, as herein provided, to file their ºn in bill in equity against the United States in the circuit court of the United States for the southern district of Ohio, and full jurisdiction is hereby conferred upon said court to determine: first, whether the bridge, according to the plans on which it has progressed at the passage of this act, has been constructed so as substantially to comply with the provisions of law relating thereto; and, second, the liability of the United States, if any there be, to the said company by reason of the changes by this act required to be made; and if the said court shall determine that the United States court to decide is so liable, and that said bridge was so being built, then W* the said court shall further ascertain and determine the amount of the actual and necessary cost and expenditures reasonably required to be incurred in making the changes in the said bridge and its approaches as hereby authorized or required, in excess of the cost of building said bridge and approaches, according to the plan proposed, before the Changes required by this act to be made. And the said Court is hereby further authorized and required to proceed therein to final decree as in other cases in equity. And it Shall be lawful for either party to the said suit to appeal Appeal to the from the final decree of the said circuit court, to the Supreme *P** Court of the United States as in other cases, and the Su- preme Court shall thereupon proceed to hear and determine the said case and make a final decree therein, and thereupon, if such decree shall be in favor of said company, the Secre- . If final decree tary of the Treasury of the United States shall, out of any †† oº: moneys in the treasury not otherwise appropriated, pay to 㺠§ the the said company such sum of money as shall by the said ºf Supreme Court be so decreed to be paid to the said com- the decree. pany: Provided, nevertheless, That no money shall be paid Proviso. by the Secretary of the Treasury to the said company until the Supreme Court of the United States, upon appeal taken as aforesaid, shall render a final decree in the case in favor of said company. Approved, March 3, 1871. [No. 48.] Joint Resolution granting the Chicago and Illinois Southern Mar. 3, 1871. Railroad Company the Right to build a Bridge across the Wabash Vol.16, p. 599. River, and declaring the same a Post-Road. --- Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chicago ano Chicago and Illinois Southern Railroad Company, a con- Hº solidated corporation, formed by the consolidation of the ny may build a Mount Vernon and Grayville Railroad Company, a corpora. º.º." tion organized under the general law of the State of Indiana, and the Grayville and Mattoon Railroad Company, a cor- poration organized under an act of the legislature of the 70 LAWS RELATING TO CONSTRUCTION OF BRIDGEs State of Illinois, is hereby granted the right to construct and maintain an iron or wooden bridge for railroad pur- poses and as a public highway, either with a draw or a Location. continuous span, as it may determine, across the Wabash river, at any point said corporation may select, either at or opposite the town of Grayville, in Edwards and White counties, in the State of Illinois, or Webb's ferry, in or opposite White county, in the State of Illinois, and Posey county, in the State of Indiana, or at any point on said river in the neighborhood of said town of Gray ville or Webb's ferry, within five miles of either place: Provided, Construction. That the bridge to be constructed under the authority hereby granted shall not interfere with the free navigation of said river beyond what is necessary in order to carry into full effect the rights and privileges hereby granted, and shall be built at right angles with the current of the stream where said bridge may be erected; and that a space of at least one hundred and seventy feet over the main channel of said stream shall be left between the piers of said structure: And provided further, That if said bridge shall be built with Draw. a draw, of not less than one hundred feet in width, and said draw is kept in repair for the passage of boats at all times, the detention of passing said bridge shall not be construed as interfering with the navigation of said river: And it is further provided, That said bridge shall be considered as a Bridge to be a lawful structure, and a post-road for the transmission of the post-road. United States mails, and is hereby declared as such : And provided further, That in case said bridge shall be built Piers. with a continuous span, the piers shall be at least two hun- Height. dred feet apart, and the bridge shall be built at such height as not to interfere with the navigation of said river by All railway steamboats: And provided further, That all railway com- $º panies desiring to use said bridge shall have and be enti- to use the bridge, theſi to equal rights and privileges in the passage of the &C. same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such Terms and con-terms and conditions as shall be prescribed by the district *** court of the United States for the southern district of Illi- nois, upon hearing the allegations and proofs of the parties, in case they shall not agree. SEC. f. That the structure herein authorized shall be built under and subject to such regulations for the security of Navigation of navigation of said river as the Secretary of War shall pre- ...tº be kept scribe, and the said structure shall be at all times so kept tº and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and Structure may the said structure shall be changed at the cost and expense ** of the owners thereof, from time to time as Congress [may] direct, so as to preserve the free and convenient navigation Authority to of said river. And the authority to erect and continue said bººmey were bridge shall be subject to revocation by law whenever the y”--- public good shall in the judgment of Congress so require. , Approved, March 3, 1871. OVER NAVIGABLE WATERS OF THE UNITED STATES. 71 CHAP. 28.-An Act to authorize the Construction of a Bridge across Mar. 5, 1872. the Missouri River at or near St. Joseph, Missouri. Vol. 17, p. 33. Be it enacted by the Senate and House of Representatives of [A m en.de d. the United States of America in Congress assembled, That it #3; # * shall be lawful for “The St. Joseph Bridge Building Com- º across * e gº e M is so uri pany,” a corporation organized for that purpose under the River at or near general corporation laws of the State of Missouri, to con- ***P* struct a bridge, across the Missouri river at or near Saint Joseph, Missouri, and to lay on and over said bridge rail- railway tracks: way tracks for the more perfect connection of any and all railways that are now, or which may hereafter be, con- structed to the Missouri River at or near Saint Joseph, or to the river on the opposite side of the same, near Saint Joseph ; and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit ways for foot. of animals, and to provide ways for foot passengers, and to $.” “ keep up, maintain, and operate said bridge for the purposes aforesaid; and that when said bridge is constructed, all ºft. trains of all railroads terminating at said river, and on the tº opposite side thereof, at or near Saint Joseph, Missouri, shall be allowed to cross said bridge for reasonable compen- sation, to be made to the owners of the same, under the limitations and conditions hereafter named. The owners of said bridge may also charge and receive reasonable com- pensation or tolls, for the transit over the said bridge of all Tolls. Wagons, carriages, vehicles, animals, and foot-passengers. SEC. 2. That any bridge built under the provisions of this, Bridge may be act may, at the option of the person or persons, or cor- §...: "º poration building the same, be built as a drawbridge, with unbroken spans; a pivot or other form of draw, or with unbroken or con- tinuous spans: Provided, That if the same shall be made of unbroken continuous spans, it shall not be of less elevation in any case than fifty feet above extreme high-water mark, height of bridge as understood at the point of location, to the bottom chord * ength of of the bridge, nor shall the spans of said bridge be less than three hundred and fifty feet in length, and the piers of said Piers; bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river main span. and not less than three hundred feet in length: And pro- wided also, That if a bridge shall be built under this act as a drawbridge, the same shall be constructed as a pivot, Pivot dra W- drawbridge, with a draw over the main channel of the river.” at an accessible and navigable point, and with spans of not spans; less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining spans to the draw shall not be less than two hundred and fifty feet; and said spans shall not be less than thirty feet above low-water mark, and not less than ten feet above extreme high-water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river: And pro- wided also, That said draw shall be opened promptly, upon to be opened reasonable signal, for the passage of boats whose con. ...” Struction shall not be such as to admit of their passage 72 LAWS RELATING TO CONSTRUCTION OF BRIDGES under the permanent spans of said bridge, except when trains are passing over the same, but in no case shall un- necessary delay occur in opening the said draw during or Perm an ent after the passage of trains: And provided further, That the .*.*.*... corporation building said bridge may, if not unauthorized tained. by the provisions of its charter of incorporation, enter upon the banks of said river, either above or below the point of the location of said bridge, for a distance of sevell miles, and erect and maintain break-waters or use such other means as may be necessary to make a channel for said river, and confine the flow of the water to a permanent Channel, and to do whatever may be necessary to accomplish said Navigation not object, but shall not impede or obstruct the navigation of *śn the said river; and all plans for such works or erections Plans to be ap- º * * **** upon the banks of the river shall first be submitted to the §.”**** * Secretary of War for his approval. Bridge to be a SEC. 3. That any bridge built under this act, and accord- jºing to its limitations, shall be a lawful structure, and shall be recognized and known as a post-route, upon which, also, Charges. 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 their transportation over the railroads or public highways lead- ing to the said bridge. - Litigation, if SEC. 4. That in case of any litigation arising from any º:... obstruction, or alleged obstruction, to the free navigation to navigation, to of the Missouri river, at or near the crossing of said bridge, .** **and caused or alleged to be caused thereby, the cause shall be commenced and tried in the district courts of either judicial districts of Missouri or Kansas in which the said bridge or any portion of Such obstruction touches; and the This act may right to alter or amend this act so as to prevent or remove be altered, &c. all material obstructions to the navigation of said river by the construction of said bridge is hereby expressly reserved, and all such alterations, when required by law, shall be Plan of bridge made at the expense of said bridge company ; and the plan § '..."; on which such bridge is intended to be built and shall be War built shall be first submitted to and approved by the Sec- retary of War. Saint Joseph SEC. 5. That the Saint Joseph Bridge Building Company, §º..."; after the passage of this act, shall not have the right to assign its char-assign the charter which said company now holds by assign- ter; ment from the Saint Joseph and Denver City Railroad Company, and which was granted to said last named com- 1870, ch. 260, pany by virtue of an act of Congress, approved July four- ačº teenth, eighteen hundred and seventy, to any other company, # , , 1872, ch. person, or persons; nor shall said bridge building company 3 y < * be permitted, under the said charter so obtained as afore- said, from the Saint Joseph and Denver City Railroad Nor construct Company, to construct any other bridge than the one now any other bridge, being constructed at Saint Joseph, Missouri. Approved, March 5, 1872. OVER NAVIGABLE WATERS OF THE UNITED STATES. 73 CHAP. 73.−An Act to authorize the Construction of a Bridge across April 1, 1872. the Mississippi River at or near the Town of Clinton, in the State of vol. 17, p. 44. Iowa, and other Bridges across said River, and to establish them as — Post-roads. See a ct a p- proved June 4, 1872, ch. 281. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it, Bridge across shall be lawful for any person or persons, company or cor-ºº: poration, to build a bridge across the Mississippi river, at §:... ** such point on said river, within fifteen miles of the town of “* Clinton, in the State of Iowa, as may accommodate the Amended. See Chicagó, Burlington, and Quincy railroad and its connec-3:..."; ##"..." tions on the west side of said river, and to lay on or over 224 $4. said bridge railway tracks for the more perfect connection of any railroads that are, or shall be, constructed to the said river at or opposite said point, under the limitations and conditions hereinafter provided ; that said bridge shall not interfere with the free navigation of said river beyond Bridge not to what is necessary in order to carry into effect the rights and iº privileges hereby granted; and in case of any litigation aris- ing from any obstruction, or alleged obstruction, to the free navigation of said river, the cause may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches: Provided, That said bridge shall not be so located or constructed as to interfere in any manner with the approaches to the railroad nor with pres: bridge now erected at Clinton, or with the piers of the same, tºº." or so as to obstruct in any manner the passage of said bridge by boats, vessels, or rafts, or to render such passage more dif- ficult or dangerous: Provided, however, That this clause shall not be construed to prohibit the crossing of the approaches to said bridge, if such crossing shall be found necessary. SEC. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, be built as a draw-bridge, with a pivot or other form of may be draw: draw, or with unbroken or continuous spans: Provided, Thatº. if the said bridge shall be made of unbroken and continuous spans. spans, it shall not be of less elevation, in any case, than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge; nor shall the spans of said bridge be less than two hundred Spans and piers and fifty feet in length, and the piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length : And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw- Draw-bridge, bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet; and said spans shall not be less than thirty feet above low-water mark, and not less than ten above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river, where said 74 LAWS RELATING TO CONSTRUCTION OF BRIDGEs bridge may be erected: And provided also, That said draw to be opened shall be opened promptly, upon reasonable signal for the promptly. passage of boats. lsº SEC. 3. That any bridge constructed under this act, and ºpjaccording to its limitations, shall be a lawful structure, and Charges for shall be known and recognized as a post-route, upon which, * also, 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 their transportation over the railroads public highways leading to the said bridge, and the United States shall have the right of way for postal-telegraph purposes across said bridge. All railway SEC. 4. That all railway companies desiring to use the §§§ said bridge shall have and be entitled to equal rights and #ººr privileges in the passage of the same, and in the use of the *” ” machinery and fixtures thereof, and of all 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. Regulations for SEC. 5. That the structure herein authorized shall be #. wºn #built and located under and subject to such regulations for *...tº the security of navigation of said river as the Secretary of jº"; War shall prescribe, and the said structure shall be at all Wº, e a ct ap.times so kept and managed as to offer reasonable and proved June 4, proper means for the passage of vessels through or under ****) said structure; and the said structure shall be changed at . the cost and expense of the owners thereof, from time to time as Congress may direct, so as to preserve the free and convenient navigation of said river. And the authority to sº, erect and continue said bridge shall be subject to revoca- i. i.e. i tion, modification by law whenever the public good shall in the judgment of Congress so require, without any expense or charge to the United States. Bridges across SEC. 6. That the Muscatine Western Railroad Company, #...; or their assigns, a corporation existing under the laws of #º Muscatine, the State of Iowa, be, and is hereby authorized to construct y and maintain a bridge across the Mississippi river at the city of Muscatine, in the State of Iowa. The bridge author- ized to be built by this section is hereby declared to be a post-route, and shall have all the privileges, and is subject to all the terms, restrictions, and requirements contained in the foregoing sections of this act. SEC. 7. That a bridge may be constructed and maintained between, the across the Mississippi river, at any point they may select, :*. *ś. between the counties of Carroll and Whitesides, in the .* hinois. State of Illinois, and the counties of Jackson and Clinton, • 3 in the State of Iowa, either by the Western Union Railroad Company or the Sabula, Ackley, and Dakota Railroad Company, or both of them, or by either or both of their successors or assigns, or by any person, Company, Or Corpo- ration having authority from the States of Illinois and Iowa. The bridge authorized to be built by this section is hereby declared to be a post-route, and has all the privi- OVER NAVIGABLE WATERS OF THE UNITED STATES. 75 leges, and is subject to all the terms, restrictions, and requirements contained in the foregoing sections of this act. SEC. 8. That a bridge may be constructed and maintained ... between. La across the Mississippi river, at any point they may select, ...;#: between the county of La Crosse, in the State of Wisconsin, ton Co., Min- and the county of Houston, in the State of Minnesota, by * the Milwaukee and Saint Paul Railway Company, their successors or assigns, or by any person, company, Or COr- poration having authority from the States of Wisconsin and Minnesota. The bridge authorized to be built by this Sec- tion is hereby declared to be a post-route, and has all the privileges, and is subject to all the terms, restrictions, and requirements contained in the foregoing sections of this act. / SEC. 9. That the right to alter or amend this act, SO as to . Right to alter, prevent or remove all material obstructions to the naviga-ºº::::::i. tion of said river by the construction of bridges, is hereby expressly reserved. SEC. 10. That this act shall take effect and be in force Act to take from and after its passage, without any expense or charge . * * to the United States. Approved, April 1, 1872. * CHAP. 130.—An Act to amend an Act entitled “An Act to authorize May 1, 1872. the Construction of a Bridge across the Missouri River at or near St. Vol. 17, p. 58. Joseph, Missouri,” approved March fifth, eighteen hundred and sev- — enty-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the first section of the act entitled “An act to authorize the construction of a bridge across the Missouri river at or near St. Joseph, Missouri,” approved March fifth, eighteen hun- 1872, ch. 28. dred and seventy-two, be, and the same is hereby, amended so as to read as follows: Section 1. That it shall be lawful St. J 9 se ph for the St. Joseph Bridge Building Company, a corporation §º organized for that purpose under the general corporation ºn ... t * * ſº u i 1 d bridge laws of the State of Missouri, or its assigns, to construct a across the Miſs. bridge across the Missouri river at or near St. Joseph, Mis-iº." souri, and to lay on and over said bridge railway tracks for railway tracks; the more perfect connection of any and all railways that are now, or which may hereafter be, constructed to the Missouri river at or near St. Joseph, or to the river on the opposite side of the same, near St. Joseph ; and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, ways for foot; and for the transit of animals, and to provide ways for foot. ... and passengers,and to keep up, maintain, and operate said bridge for the purposes aforesaid; and that when said bridge is constructed, all trains of all railroads terminating at said all trains of all river, and on the opposite side thereof, at or near St. Joseph, ...º." Missouri, shall be allowed to cross said bridge for reasonable Compensation, to be made to the owners of the same, under the limitations and conditions hereafter named. The owners of Said bridge may also charge and receive reasonable com- pensation or tolls for the transit over the said bridge of all Tolls. Wagons, carriages, vehicles, animals, and foot-passengers. 76 LAWS RELATING TO CONSTRUCTION OF BRIDGES SEC. 2. That the fifth section of the act of which this is amendatory be, and the same is hereby, amended so as to Bãi, ºad as follows: Section 5. That the St. Joseph Bridge §º..."; Building Company, after the passage of this act, shall not lºgº its char have the right to assign the charter which said company e now holds by assignment from the St. Joseph and Denver City Railroad Company, and which was granted to said last-named company by virtue of an act of Congress,approved 1870, ch. 260. July fourteenth, eighteen hundred and seventy, to any other company, person, or persons; nor shall said bridge building company be permitted, under the said charter so obtained as aforesaid, from the St. Joseph and Denver City Railroad Company to construct any other bridge than the one now being constructed at St. Joseph, Missouri: Provided,however, tº #: That nothing in this section contained shall prevent the i.e.” said bridge building company from mortgaging said charter and franchises held by it by assignment from the said rail- road company, with the bridge constructed or to be con- structed thereunder, in the manner and for the purposes in and for which the said bridge building company is or may be authorized by or under the laws of the State of Missouri to mortgage its property. Approved, May 1, 1872. May 11, 1872. CHAP. 158.--An Act to authorize the Construction of a Bridge across Wol. 17, p. 99. the Missouri River, at Boonville, Missouri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bridge across Boonville Railroad Bridge Company, a corporation existing tº under the laws of the State of Missouri, be, and is hereby, iver, in Mis- º te * • sºul.” between authorized to construct and maintain a bridge over the ; : ***Missouri river, between the city of Boonville, in Cooper 4. county, and Franklin, in Howard county, in said State, and Railwaytracks, to lay on or over said bridge railway-tracks for the more perfect connection of any railroads that are, or shall be, constructed to the said river at or opposite said point, under the limitations and conditions hereinafter provided ; that savigations, said bridge shall not interfere with the free navigation of to be interfered said river beyond what is necessary in order to carry into With. effect the rights and privileges hereby granted ; and in case Litigation to of any litigation arising from any obstruction, or alleged be in the district obstruction, to the free navigation of said river, the cause ğaºğatº" may be tried before the district court of the United States of the State of Missouri in which any portion of said ob- struction or bridge touches. Bridge may be SEC. 2. That any bridge built under the provisions of this tºwº, act may, at the option of the company building the same, spans. be built as a draw-bridge, with a pivot or other form of draw, or with unbroken or continuous spans : Provided, That if the said bridge shall be made with unbroken and continuous spans, it shall not be of less elevation, in any case, than fifty feet above extreme high-water mark, as un- derstood at the point of location, to the bottom chord of the Spans and piers OVER NAVIGABLE WATERS OF THE UNITED STATES. 77 bridge; nor shall the spans of said bridge be less than two hundred and fifty feet in length; and the piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length : And provided also, That if any bridge built under this act shall be con- structed as a draw-bridge, the same shall be constructed as a pivot draw.bridge, with a draw over the main channel of, Pivot draw the river at an accessible and navigable point, and with ****" spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw ; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet; and said spans shall not be less than thirty feet above low-water mark, and not less than ten above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river: . Dray to be And provided also, That said draw shall be opened promptly, opened promptly upon reasonable signal, for the passage of boats; and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. SEC. 3. That any bridge constructed under this act, and Bridge to be a according 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 transmission over the same of the mails, the troops, and the munitions of sº, war of the United States than the rate per mile paid for jºi their transportation over the railroads or public highways Pº"P* leading to the said bridge, and the United States shall have i. right of way for postal-telegraph purposes across said ridge. SEC. 4. That all railway companies desiring to use the All railway said bridge shall have and be entitled to equal rights and ::::::::::::::A; privileges in the passage of the same, and in the use of the #". passage of machinery and fixtures thereof, and of all the approaches “"“” thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the alle- gations and proofs of the parties in case they shall not agree. SEC. 5. That the structure herein authorized shall be built, Regulations for under and subject to such regulations for the security of the #. #: navigation of said river and lake as the Secretary of War shall preseribe; and the said structure shall be at all times So kept and managed as to offer reasonable and proper means for the passage of vessels through and under said structure; and the said structure shall be changed at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and con- Congress may venient navigation of said river; and the authority to erectº. and continue said bridge shall be subject to revocation by ∨evºke the law whenever the public good shall, in the judgment of: ; Congress, so require. tº SEC. 6. That the right to alter or amend this act so as to Act may be prevent or remove all material obstructions to the naviga- * * tion of said river by the construction of bridges is hereby expressly reserved. Approved, May 11, 1872. 78 LAWS RELATING TO CONSTRUCTION OF BRIDGES May 15, 1872. CHAP. lé3.—An Act to authorize the West Wisconsin Railway Com- Vol. 17, p. 118. pany to keep up and unaintain a Bridge for Railway Purposes across — Lake Saint Croix, at the City of Hudson, in the State of Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sº: West Wisconsin Railway Company is hereby authorized to jºin keep up and maintain the bridge heretofore constructed by it ... º. for the uses and purposes of its railway across Lake Saint Croix. Croix, at the city of Hudson, in the county of Saint Croix, and State of Wisconsin, the said bridge having been con- Bridge, how structed as follows, namely: With a draw of three hundred ** and twenty feet in length, affording two spans of one hun- dred and forty feet each in the clear, for the passage of Steamboats and other craft; also, with a span of one hun- dred and thirty-six feet in the clear, for the passage of rafts; that the draw to said bridge shall be opened promptly, upon reasonable signal, for the passage of boats; that said bridge So constructed shall be deemed and taken to be a legal Structure, and Shall be a post-road for the transmission of All railroad the United States mails. And all railroad companies desir- ;Pºing to use said bridge shall have and be entitled to use and upon terms, &c. run their trains over the same, as now built and track laid Over it and its approaches, under and upon such terms, rental, or remuneration, first to be fixed by the Secretary of War, after hearing all the evidence and proofs of both par- ties, in case the parties cannot agree on terms. , Structure to be SEC. 2. That the structure herein authorized shall be built * * #, under and subject to such regulations for the security of the shall prescribe; navigation of said river and lake as the Secretary of War shall prescribe, and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through and under said to be changed, structure; and the said structure shall be changed at the §e... º.º. cost and expense of the owners thereof, from time to time, gress may direct, as Congress may direct, so as to preserve the free and con- venient navigation of said river and lake; and the authority to erect and continue said bridge shall be subject to revoca- tion by law whenever the public good shall, in the judgment of Congress, so require. If there is liti. SEC. 3. That in case of any litigation arising from any ;a".” obstruction or alleged obstruction to the free navigation of the Saint Croix river at or near the crossing of said bridge, and caused or alleged to be caused thereby, the cause shall be commenced and tried in the district court of the United States for either the district of Minnesota or the western district of Wisconsin. g This act may SEC. 4. That the right to alter or amend this act, so as to *** prevent or remove all material obstructions to the naviga- tion of said river by the construction of bridges, is hereby expressly reserved. Approved, May 15, 1872. over NAVIGABLE WATERS OF THE UNITED STATES. 79 CHAP. 170,—An Act to authorize the Construction of certain Bridges May 17, 1872. across the Mississippi River, and to establish the same as Post-roads. Vol. 17, p. 120. Be at enacted by the Senate and House of Representatives of 4, iºns the United States of America in Congress assembled, That it shall be lawful for the Western Illinois Bridge Company, a western Illi. corporation existing under the laws of the State of Missouri, lºgº § to build a bridge across the Mississippi river, at the city of a bridge across Quincy, Illinois, for the purpose of crossing persons and Hº! property, such as are usually crossed on wagon-bridges; and ill, and för what also to lay on and over said bridge railway-tracks for the "º. tracks. Inore perfect connection of any railroads that are or shall be constructed to the said river at or opposite said point, and that, when constructed, all persons and property as aforesaid, and also all trains of all roads terminating at said river, at or opposite said point, shall be allowed to cross said bridge for reasonable compensation, to be made to the owners of said bridge, under the limitations add conditions hereinafter provided; and in case of any litigation or alleged . If there is lifi. obstruction to the free navigation of said river, the cause may flººd'." be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches; and that all railway companies desiring to use the . All railway said bridge shall have and be entitled to equal rights and ...?”." privileges in the passage of the same, and in the use of the rights. machinery and fixtures thereof, and of all 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. 2. That said bridge may, at the option of the com- Bridge to be a pany building the same, be builteither as a pivot drawbridge, º, . or with unbroken or continuous spans: Provided, That if broken spans. the said bridge shall be made with unbroken or continuous spans, it shall not be of less elevation, in any case, than fifty feet above high-water mark, as understood at the point of location, to the bottom chord of the bridge; nor shall the spans of said bridge be less than two hundred and fifty feet Spansand piers. in length, and the piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river, and not less than three hun- dred feet in length: And provided also, That if said bridge Draw, spans, shall be constructed as a pivot drawbridge, the same shall "P" be constructed with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length, in the clear, on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, if the proper location of the draw over the channel will admit spans of this width between it and the shore, and said spans shall not be less than thirty feet above low-water mark, and not less than ten feet above extreme high-water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river: And provided 80 LAWS RELATING TO CONSTRUCTION OF BRIDGES Draw to be also, That said draw shall be opened promptly, upon reason- ** able signal, for the passage of the boats whose construction Shall not be such as to admit of their passage under the permanent spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. lašiº SEC. 3. That any bridge constructed under this act, and .."...tº according to its limitations, shall be a lawful structure, and &c. shall be recognized and known as a post-route, upon which, also, no higher charge shall be made for the transmission Over the same of the mails, the troops, and munitions of war of the United States, than the rate per mile paid for their transportation over the railroads or public highways leading Right of way to said bridge, and the United States shall have the right :* * of way for postal telegraph purposes across said bridge. lººsase and SEg. 4. That said company may execute a mortgage upon º Said bridge, and issue bonds, payable, principal and inter- est, in gold or United States currency: Act, may be SEC. 5. That the right to alter or amend this act, so as to tº: cº prevent or remove all material obstructions to the naviga. #. navigation of said river by the construction of said bridge, is vivil, ºx ve hereby expressly reserved; and the said bridge shall be built under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and the said bridge shall be, at all times, so kept and managed as to offer reasonable and propper means for the passage of vessels. biºloº SEC. 6. That the plan and specifications, with the neces. j . . sary drawings of said bridge, shall be submitted to the tary of War. Secretary of War, for his approval, and until he approve the plan and location of said bridge it shall not be built or Changes in Commenced; and should any change be made in the plan #."...?' of said bridge during the progress of the work thereon such Whose cost. Change shall be subject to the approval of the Secretary of War; and all changes in the construction or any alteration of said bridge, that may be directed at any time by Con- gress, shall be made at the cost and expense of the owners thereof. AYº! SEC. 7. That the Warsaw and Alexandria Bridge Com- frige"d, nº pany, their successors and assigns, a corporation existing ºn ºf under and by virtue of the laws of the State of Missouri, Šippi between be, and is hereby, authorized to construct and maintain a Y. *bridge over the Mississippi river at and between the city of & Warsaw, in Hancock county, and State of Illinois, and the city of Alexandria, in Clark county, and State of Missouri; and the bridge authorized to be built by this section is ...” * hereby declared to be a post-route, and shall have all the §§§e tº privileges and be subject to all the terms, restrictions, and requirements contained in the foregoing sections of this act: Provided, That the construction of the bridge mentioned in this section shall be commenced within eighteen months from the passage of this act. “ Approved, May 17, 1872. OVER NAVIGABLE WATERS OF THE UNITED STATES. 81 CHAP.184.—An Act to authorize the Construction of a Bridge over the May 21, 1872. Tide-water of JDunstan River, in the State of Maine. Vol. 17, p. 139. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bridge may be inhabitants of the town of Scarborough, in the county of...º.º. Cumberland, and State of Maine, are hereby licensed to ºne build, and to authorize to be built, as in their judgment may “” be or become necessary to facilitate intercommunication, a bridge or bridges, either for railroad or ordinary travel, over the tide-water of Dunstan river, at or above the Steep banks, so called, on said river, without any draw in said bridge or bridges. g SEC. 2. That this act shall take effect and be in force from when act takes and after its passage. effect. Approved, May 21, 1872. CHAP. 213.−An Act to authorize the Construction of a Bridge, and to May 25, 1872. establish the same as a Post-road. Vol. 17, p. 160. JBe it enacted by the Senate and House of Representatives of 4, iºns the United States of America in Congress assembled, That it Bridge may be shall be lawful for any person or persons, company or cor-Wºº,"; poration, having authority from the States of Iowa and Illi- River at Fort nois, to build a bridge across the Mississippi river at Fort” Madison, Iowa, and to lay on or over said bridge railway- Railway tracks. tracks, for the more perfect connection of any railroads that are or shall be constructed to the said river at or opposite said point, under the limitations and conditions hereinafter provided ; that said bridge shall not inteffere with the free navigation of said river beyond what is necessary in order Navigation not to carry into effect the rights and privileges hereby granted; tº * and in case of any litigation arising from any obstruction or "Litigation in alleged obstruction to the free navigation of said river, theº's.” cause may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. SEC. 2. That any bridge built under the provisions of this Bridge may be act may, at the option of the company building the same, "", Nº.º. be built either as a pivot drawbridge, with a pivot or other spans; form of draw, or with unbroken or continuous spans: Pro. 'vided, That if the said bridge shall be made with unbroken if with un- and continuous spans, it shall not be of less elevation in any broken SP” case than fifty feet above high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length; and the piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length: And provided also, That if any bridge built under this act shall be constructed as If as draw. a pivot drawbridge, the same shall be constructed with bridge. a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred, and sixty feet in length in the clear on each side 1574 BR-6 82 LAws RELATING TO CONSTRUCTION OF BRIDGEs of the central or pivot pier of the draw, and the next adjoin. ing spans to the draw shall not be less than two hundred and fifty feet, if the proper location of the draw over the channel will admit spans of this width between it and the Shore, and said spans shall not be less than thirty feet above low-water mark and not less than ten above extreme high- water mark, measuring to the bottom chord of the bridge; Piers. and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected: And provided Draw to be also, That said draw shall be opened promptly, upon rea- ** sonable signal, for the passage of boats, and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. f Bridge to be a SEC. 3. That any bridge constructed under this act, and ...” according to its limitations, shall be a lawful structure, and shall be known and recognized as a post-route, upon which, Charges. also, 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 their transportation over the railroads or public highways leading to the said bridge; and the United States shall have Postal tele- the right of way for postal-telegraph purposes across said graph. bridge. - Railway com: SEC. 4. That all railway companies desiring to use the ºve Said bridge shall have and be entitled to equal rights and privileges in the passage of the same and in the use of the machinery and fixtures thereof and of all the approaches Terms, &c. thereto, under and upon such terms and conditions as slall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. * SEC. 5. That the structure herein authorized shall be built and located under and subject to such regulations for Secretary of the security of navigation of said river as the Secretary of Nº War shall prescribe; and to secure that object the said #5aft" person or persons, company or corporation, shall submit to the Secretary of War, for his examination and approval, a Map.plans, design and drawings of the bridge and piers, and a map of "** the location, giving, for the space of at least 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 currents at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and pº nº. #. until the said plan and location of the bridge are approved pians, &c., are by the Secretary of War, the bridge shall not be built; and approved. if any change be made in the plan of construction of Said bridge during the progress of the work thereon, or before the completion of said bridge, such change shall be subject º: ** in to the approval of the Secretary of War; and the said struct- ; * ~ * ure shall be at all times So kept and managed as to offer reasonable and proper means for the passage Öf vessels through or under said structure; and the Said structure shall be changed at the cost and expense of the owners OVER NAVIGABLE WATERS OF THE UNITED STATES. 83 thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of Said river. And the authority to erect and convinue said bridge Shall ...g. ºil. be subject to revocation or modification by law whenever º’ “ the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States. SEC. 6. That the right to alter or amend this act, so as to lºy be prevent or remove all material obstructions to the naviga-"* tion of said river by the construction of bridges, without expense to the United States, is hereby expressly reserved. Approved, May 25, 1872. ‘CHAP. 242.—An Act authorizing the Construction of a Bridge across May 31, 1872. the Arkansas River, at Little Rock, Arkansas. Vol. 17, p. 193. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it, Bridge across shall be lawful for the Little Rock Bridge Company, a cor-ºl. poration having authority from the State of Arkansas, to º, ºr rail. build a railroad, transit, and wagon-bridge across the Ar."” kansas river, at or near the city of Little Rock, in Arkansas; and that, when constructed, all trains of all railroads ter- All trains may minating at the Arkansas river, at or near the location of said Pº” bridge shall be allowed to cross said bridge for a reason- able compensation, to be paid to the owners thereof; and in case of any litigation arising from any obstruction or al- Litigation, &c. leged obstruction to the free navigation of said river, the cause may be tried before the district court of the United States in and for the eastern district of said State of Ar- kansas. SEC. 2. That any bridge built under the provisions of this, Bridge may be act may, at the option of the company building the same, "...º.º. be built as a drawbridge, with a pivot, or with unbroken spans; or continuous spans: Provided, That if the said bridge shall be made with unbroken or continuous spans, it shall not be in any case of a less elevation than fifty feet above extreme height and high-water mark, as understood at the point of location, to * the bottom chord of the bridge, nor shall the span over the main channel of the river at low water be less than two hundred and fifty feet, nor shall there be a greater number of spans than four crossing the remaining width of Said river, and the piers of said bridge shall all be parallel with the current of said river; And provided also, That if any bridge shall be constructed under this act as a drawbridge, Draw-bridge; the same shall be a pivot-draw over the main channel at low water, with spans of not less than one hundred and spans. fifty feet in the clear on each side of the centre or pivot pier of said bridge, and that there shall not be a greater number of fixed spans than four crossing the remaining width of said river; and said bridge shall not be less than thirty-six, Height, of feet above the low-water mark as understood at the location **** of said bridge, measuring to the bottom chord of said bridge, and all the piers of said bridge shall be parallel with the current of said river: And provided also, That said draw 84 LAWS RELATING TO CONSTRUCTION OF BRIDGES Draw to be shall be opened promptly, upon reasonable signal, for the * * passage of boats whose construction shall not be such as to admit of their passage under said bridge, except when a railroad train is passing over the same; but in no case shall any unfiegessary delay occur in opening said draw after the passage of such train. laº; SEG. 3. That any bridge constructed under this act and ...s...” according to its provisions shall be a lawful structure, and shall be recognized and known as a post-route, upon which Charges. no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate paid for their transportation over the railroads or public highways leading to said bridge; Right of way, and the United States shall have the right of way for pos- tal telegraph purposes across said bridge. bºttº & SEC.4. That said bridge shall not be built or commenced ścºw. until the bridge company aforesaid shall submit to the Sec- *approved by retary of War, for his approval, a plan with the necessary & drawings of their bridge conforming to the above require- ments, nor until he shall approve the plan and location of said bridge and notify the company of the same in writing; Changes. and should any change be made in the plan of the bridge. during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for Passage of ves: the passage of vessels through or under said structure; and sels. the said structure shall be changed at the cost and expense of the owners thereof, from time to time, as Congress may di- rect, so as to preserve the free and convenient navigation of Right to erect, said river. And the authority to erect and continue said *...; *) bridge shall be subject to revocation or modification by law whenever the public good shall, in the judgment of Con- gress, so require, without any expense or charge to the United States. Act may be SEC. 5. That the right to alter or amend this act, so as altered. to prevent or remove all material obstructions to the navi- gation of said river by the construction of said bridge without expense to the United States, is hereby expressly reserved. Approved, May 31, 1872. June 4, 1872. CHAP. 281.-An Act further regulating the Construction of Bridges Vol. 17, p. 215. across the Mississippi River. Be it enacted by the Senate and House of Representatives of ..º the United States of America in Congress assembled, That all ...tºssińevisis bridges hereafter constructed over and across the Missis- iº,"; sippi river under authority of any act of Congress shall be Congress, to be subject to all the terms, restrictions, and requirements con- "ºss. tained in the fifth section of an act entitled “An act to authorize the construction of a bridge across the Missis- sippi river, at or near the town of Clinton, in the State of Iowa, and other bridges across said river, and to establish OVER NAVIGABLE WATERS OF THE UNITED STATES. 85 them as post-roads,” approved April first, eighteen hundred and seventy-two; and in locating any such bridge the Sec. retary of War shall have due regard to the security and convenience of navigation, to convenience of access, and to the wants of all railways and highways crossing Safd river. Approved, June 4, 1872. CHAP. 288.-An Act granting to the Davenport and St. Paul Railroad June 4, 1872. Company the Right of Way. Vol. 17, p. 220. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Davenport and Saint Paul Railroad Company, a corpora- Davenport and tion existing under the laws of the State of Iowa, be, and is: "...' *::: hereby authorized, upon the payment of one-third of the cost their gars over of the bridge over the main channel of the Mississippi river; *ś; at Rock Island, and shall also be liable for and pay one- #º.º. º. third of the cost of keeping the same in repair, to pass the º'". " cars of the said Davenport and Saint Paul Railroad Com-us;***** pany over said bridge, with the same rights and privileges, " " `` and subject to the same restrictions, that are or may be exercised or enjoyed by any other railroad Colmpany. SEC. 2. That upon the payment into the treasury of the United States of one-half of the money referred to ill section one of this act, and the payment to the Chicago, Rock Island, and Pacific Railroad Company of the remaining half of said sum of money, said Davenport and Saint Paul Bailroad Company shall be authorized to construct and maintain its own track and bridge from the east end of the ... may maintain bridge first above mentioned to the city of Rock Island, in j the State of Illinois: Provided, however, That the same shall Proviso." be done without any expense to the government of the United States, and under the direction and shall continue under the control of the Secretary of War. SEC 3. That in case any railroad companies authorized wºº...ºf by law to cross said government bridge cannot agree upon ºils, a time-table to control the running of their respective trains..." " thereon, the Secretary of War shall determine the question e = **** of difference, and fix the time for trains: Provided, That the point where said bridge shall Strike the Illinois shore Bridge to strike shall be not more than two hundred feet from the present.” government wagon-bridge : And provided also, That said y track and bridge shall be completed within two years from when to be the passage of this act. And when completed any other *.*oads railroad company or companies shall be permitted, under may use, upon, the direction of the Secretary of War, to pass their trains “ of cars Over said last named bridge and track and ap- proaches thereto, upon paying to the parties then in in- terest their proportionate share of the cost thereof, and of keeping the same in repair: And provided further, That Rights, of the nothing contained in this act shall be so construed as to ...” interfere with any right or claim of the United States to control so much of the original line or bridge as is located -east of the main channel of the Mississippi river. 86 LAWS RELATING TO CONSTRUCTION OF BRIDGES Davenport and SEC. 4. That the Davenport and Saint Paul Railroad à."...". Company shall have the right to use the approaches to said §º fo bridge, and in case the parties hereto cannot agree upon 1 * * * the terms for using said approaches to said bridge, then, and in that case, the same shall be fixed by the Secretary of War, upon such terms and in such manner as he may deem just and proper. Approved, June 4, 1872. June 4, 1872. CHAP. 291. –An Act authorizing the Construction of a Bridge across- Vol. 17, p. 222, the Missouri River opposite to or within the corporate Limits of Ne- T braska City, Nebraska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it Nebraska City shall be lawful for the Nebraska City Bridge Company, a #,'..hº. corporation having authority from the State of Nebraska tº and from the State of Iowa, to build a railroad, transit, and #ºver ºf Ne: wagon bridge across the Missouri river, opposite to or in braska City, the immediate vicinity of Nebraska city, in the county of Otoe, and State of Nebraska; and that when constructed, Bridge to be for all trains of all railroads terminating at the Missouri river **** at or near the location of said bridge shall be allowed to. \ cross said bridge, for a reasonable compensation, to be paid to the owners thereof; and that all other property, goods, passengers, teams, and other modes of transit shall be: Hºt tº interfere allowed to cross said bridge; and that said bridge shall not with navigation; : e g * & º e 85 interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and priv- in case of liti-ileges hereby granted; and in case of any litigation arising: #;";a'.” from any obstruction, or alleged obstruction, to the free navigation of said river, the cause may be tried before the district or circuit court of the United States of any State in or opposite to which any portion of said obstruction or bridge. may be. SEC. 2. That the corporators named in the above incor- Duty of the cor-poration shall hold the said charter here granted in trust Hºfor the sole and exclusive use and benefit of any person or said bridge com persons, company or companies, corporation or corporations, pany. who shall build, erect, and complete such bridge herein pro- vided in accordance with the provisions of this act; and said original incorporators shall transfer and assign, with- out any remunerative compensation, all their rights to any party or parties, company or companies, corporation or cor- porations, who shall erect said bridge; and if said corpora- tors, or any of them, shall refuse or fail to make such trans- & fer, upon the payment of the reasonable expenses thereof, they may be compelled to do so by any court having juris- diction : Provided, That the said Nebraska City Bridge Com- Proviso. pany, and their associates, shall fail to commence in good faith the erection of said bridge within one year from the passage of this act, and complete the said bridge without unnecessary and unreasonable delay in accordance with the provisions of this charter. Bridge may be SEC. 3. That any bridge built under the provisions of this, §. act may, at the option of person or persons, or corporation spans; building the same, be built as a drawbridge, with a pivot- OVER NAVIGABLE WATERS OF THE UNITED STATES. 87 draw, or with unbroken or continuous spans: Provided, That if the same shall be made of unbroken or continuous spans, it shall not be of less elevation, in any case, than fifty feet above extreme high-water Inark, as understood at •the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length; and the piers of said bridge shall be ... if, with un- parallel with the current of the river, and the main span **** shall be over the main channel of the river, and not less than three hundred feet in length : And provided also, That if a bridge shall be, built under this act as a drawbridge, if as a draw. the same shall be constructed as a pivot drawbridge, with * a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next ad- joining spans to the draw shall not be less than two hun- dred and fifty feet; and said spans shall not be less than thirty feet above low-water mark, and not less than ten feet above extreme high-water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be Spans and piers. parallel with the current of the river: And provided also, That said draw shall be opened promptly, upon reasonable Draw to be signal, for the passage of boats whose construction shall not *P*P*P* be such as to admit of their passage under the permanent spans of said bridge, except when trains are passing over the same, but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains: - And provided further, That the corporation building said º bridge may, if not unauthorized by the provisions of its char-in.º.º. ter of incorporation, enter upon the banks of said river, river, &c. either above or below the point of the location of said bridge, for a distance of seven miles, and erect and maintain break- waters, or use such other means as may be necessary to make a channel for said river, and confine the flow of the water to a permanent channel, and to do whatever may be neces- sary to accomplish said object, but shall not impede or ob- struct the navigation of the said river; and all plans for Plans to be ap- such works or erections upon the banks of the river shall first g.º.º.º.; be submitted to the Secretary of War for his approval. WWar. SEC. 4. That any bridge constructed under this act, and, Bridge to be a according 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 transmission Charges. over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to the said bridge. SEC. 5. That all railway companies desiring to use the All railway said bridge shall have and be entitled to equal rights and ſº privileges in the passage of the same, and in the use of the tº machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall Terms, &c., of be prescribed by the Secretary of War, upon hearing the * allegations and proofs of the parties in case they shall not agree. - * * 88 LAWS RELATING TO CONSTRUCTION OF BRIDGES Plans, sº to SEC. 6. That the plan and specifications, with the neces. }.º.ºsary drawings of said bridge, shall be submitted to the Sec- TVWar. retary of War, for his approval, and until he approve the b. *ś."ºft plan and location of said bridge it shall not be built or com: &C. y menced ; and should any change be made in the plan of said." bridge, during the progress of the work thereon, such change shall be subject to the approval of the Secretary of War; Changes. and all changes in the construction of said bridge that may be directed by Congress shall be made at the cost and expense of the owners thereof. Act may be SEC. 7. That the right to alter or amend this act, so as to altered, &c. prevent or remove all material obstructions to the naviga- tion of Said river by the construction of bridges, is hereby expressly reserved. - Approved, June 4, 1872. June 4, 1872. CHAP. 292.-An Act authorizing the Construction of a Bridge across Vol. 17, p. 223. the Missouri River at Brownville, Nebraska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it Brown ville, shall be lawful for the Brownville, Fort Kearney, and Pacific ..º.º.º. Railroad Company, a corporation organized under the laws Co. may build a of the State of Nebraska, having authority for that purpose §º from the States of Nebraska and Missouri, to build a bridge Brºwnville, Ne across the Missouri river at Brownville, Nebraska, and to lay braska. e * tº * on and over said bridge railway tracks for the more perfect Connection of any railroads that are or shall be constructed to the said river, at or opposite said point; and that when con- All railroads structed, all trains of all roads terminating at said river, at i.” * or opposite said point, shall be allowed to cross said bridge -> for a reasonable compensation to the owners of said bridge, under the limitations and conditions hereinafter provided. In case of liti. And in case of any litigation arising from any obstruction §ºa'.” or alleged obstruction to the free navigation of said river, the Cause may be tried before the district court of the United States of either State in or opposite to which any portion of said obstruction or bridge may be. Bridge may be SEC. 2. That said Brownville, Fort Kearney, and Pacific º, Railroad Company may, at their option, build said bridge spans ; as a drawbridge, with a pivot or other form of draw, or with unbroken and continuous spans: Provided, That if the said If with un-bridge shall be made with unbroken and continuous spans **P* it shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length; and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and not less than three bun- If bridge is dred feet in length: And provided also, That if said bridge, $.” * * built under this act, be constructed as a drawbridge the same shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than two hun- dred feet in length, in the clear, on each side of the central OVER NAVIGABLE WATERS OF THE UNITED STATES. 89 or pivot pier of the draw, and the next adjoining spans to the draw shall not be less than two hundred and fifty feet; and said spans shall not be less than thirty feet above Spans and piers. low-water mark and not less than ten feet above extreme high-water mark, measuring to the bottom chord of said bridge; and the piers of said bridge shall be parallel with the current of the river: And provided also, That said draw Draw to be shall be opened promptly, upon reasonable signal, for the **** passage of boats; and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. SEC. 3. That said bridge constructed under this act, and , Bridge to be a according to its limitations, shall be a lawful structure, and º shall be recognized and known as a post-route, upon which, also, no higher charge shall be made for the transmission Charges. . over the same of the mails, troops, and the munitions of War of the United States, than the rate per mile paid for their transportation over the railroads or public highways leading to the said bridge. SEC. 4. That all railway companies desiring to use the . All railway said bridge shall have and be entitled to equal rights and ºğ privileges in the passage of the same, and in the use of the to use the bridge. machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall Terms, &c., of be prescribed by the Secretary of War, upon hearing the “” allegations and proofs of the parties in case they shall not agree. SEC. 5. That the structure herein authorized shall be built, Secretary of under and subject to such regulations for the security of the Yº...”. navigation of said river and lake as the Secretary of War building a º shall prescribe, and the said structure shall be at all times;" """ so kept and managed as to offer reasonable and proper means for the passage of vessels through and under said structure; and the said structure shall be changed at the Changes. cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and con- venient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation by law whenever the public good shall, in the judgment of Con- gress, So require. SEC. 6. That the right to alter or amend this act so as to Act m a y be prevent or remove all material obstructions to the naviga. “ tion of said river by the construction of said bridge is hereby expressly reserved. Approved, June 4, 1872. CHAP. 415.-An Act making Appropriations for sundry civil Expenses June 10, 1872. of the Government for the fiscal Year ending June thirtieth, eighteen Vol. 17, p. 347. hundred and seventy-three, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Civil expenses following sums be, and the same are hereby, appropriated,” for the objects hereinafter expressed, for the fiscal year end- ing June thirtieth, eighteen hundred and seventy-three, viz: $ . ...; §§ $ 3& 90 LAWS RELATING TO CONSTRUCTION OF BRIDGES War Depart TNDER THE WAR IDEPARTMENT. In 611t. t Armories and Armories and Arsenals.- * * * Rock Island armory *śland, and arsenal, Rock Island, Illinois: * * * for the con. struction of avenues and roads to the Rock Island wagon- bridge, and to the new bridge across the Mississippi river, to the city of Davenport, and for building a railroad to Connect the present arsenal railroad with the Chicago and Rock Island railroad, when changed to its new location at the lower end of the island, and for building two entrances to the island from the two bridges, and an iron fence con- necting the two entrances, and between the railroad and the public Wagon-road on one side and the arsenal on the other side, twenty-eight thousand dollars: #: $ #: $ $ lºgon-road, For completion of the wagon-road bridge connecting Mo- 85 “” line with Rock Island, one hundred thousand dollars. tº Island For the construction of the Rock Island bridge, the bal- ism, ch. 114,51. * of the appropriation, continued by the act of March voixvi, p. 555, third, eighteen hundred and seventy-one, which may be unexpended at the close of the present fiscal year, is hereby re-appropriated. 3& $ #" 36 Approved, June 10, 1872. June 10, 1872. CHAP. 422.—An Act to authorize the Construction of a Bridge across. Vol. 17, p. 379. the Mississippi River at or near the City of Red Wing, in the State —— of Minnesota, and to establish it as a Post-road. 1872, ch. 281. Be it enacted by the Senate and House of Representatives of Bridge may be the United States of America in Congress assembled, That it º jº shall be lawful for any person or persons, company or cor- sº poration, being first thereto authorized by the legislatures soi...ºniraiy of Minnesota and Wisconsin respectively, to build a bridge #.” laid across the Mississippi river, at or near the city of Red Wing, y in the State of Minnesota, and to lay on or over said bridge. railway tracks for the more perfect connection of any rail- roads that are, or shall be, constructed to the said river at or opposite said point, under the limitations and conditions. not to interfere hereinafter provided; that said bridge shall not interfere *** with the free navigation of said river beyond what is neces. sary in order to carry into effect the rights and privileges yºobetried hereby granted; and in case of any litigation arising from 3. any obstruction, or alleged obstruction, to the free naviga- tion of said river, the cause may be tried before the district court of the United States of any State in which any por- tion of said obstruction or bridge touches. SEC. 2. That any bridge built under the provisions of this may be built as act may, at the option of the company building the same, drawbridg * º º g º;... be built as a drawbridge, with a pivot or other form of draw, *incontinu.9* with unbroken or continuous spans: Provided, That if Ous spans; the said bridge shall be made with unbroken and continuous. spans, it shall not be of less elevation, in any case, than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge; nor- spans and piers; shall the spans of said bridge be less than two hundred and . OVER NAVIGABLE WATERS OF THE UNITED STATES. 91 fifty feet in length, and the piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length: And provided also, That if any bridge built under this act shall be constructed as a drawbridge, the same shall be constructed as a pivot draw. , if as a draw- bridge, with a draw over the main channel of the river at "ge; an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw ; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet; and said spans shall not be less spansandpiers. than thirty feet above low-water mark, and not less than ten above extreme high-water mark, measuring to the bot- tom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river: And provided also, That said draw shall be opened promptly, upon reasonable Draw to be signal, for the passage of boats; and in no case shall unnec-º"P* essary delay occur in opening the said draw during or after the passage of trains. SEC. 3. That any bridge constructed under this act, and Bridge to be a according 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 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 their transportation over the railroads or public highways leading to the said bridge, and the United States shall have Right of way i. right of way for postal-telegraph purposes across said ºne-tº- ridge. 5 * *E**** SEC. 4. That all railway companies desiring to use the said ... ". bridge shall have and be entitled to equal rights and priv-iºn ºf ileges in the passage of the same, and in the use of the * * machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall Terms. be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. SEC. 5. That the plan and specifications, with the neces-, Plans, &c., ſo Sary drawings of said bridge, shall be submitted to the H.'s. ; Secretary of War for his approval, and until he approve War. the plan and location of said bridge it shall not be built or Commenced; and should any change be made in the plan of Changes. Said bridge during the progress of the work thereon, such changes shall be subject to the approval of the Secretary of War; and all changes in the construction of said bridge that may be directed by Congress shall be made at the cost and expense of the owners thereof. SEC. 6. That the right to alter or amend this act, so as to Act, may be prevent or remove all material obstructions to the naviga. ** tion of said river by the construction of bridges, is hereby expressly reserved. Approved, June 10, 1872. 92 LAWS RELATING TO CONSTRUCTION OF BRIDGES Dec. 17, 1872. CHAP. 4.—An Act to authorize the Construction of Bridges across the Vol. 17, p. 398, Ohio River, and to prescribe the Dimensions of the same. Be it enacted by the Senate and House of Representatives of a.º.º. the United States of America in Congress assembled, That any authorized. persons or corporations, having lawful authority therefor, may hereafter erect bridges across the Ohio river, for rail- road or other uses, upon compliance with the provisions and requirements of this act. Construction of SEC. 2. That every bridge hereafter erected across the !...";":... Ohio river, above the mouth of the Big Sandy, shall have tº: §. at least one span of a height of not less than ninety feet Sº above low water, and of not less than forty feet above local highest water, measured to the bottom chord of the bridge; that every bridge hereafter erected across the Ohio river below. below the mouth of the Big Sandy, shall have at least one span of a height of not less than one hundred feet above low water, and of not less than forty feet above highest water, measured to the bottom chord of the bridge; that this high span shall give a clear opening of at least four hundred feet between the piers, measured at right angles to the current at every stage, and that it shall be placed over the main channel of the river used by boats during ordinary stages of water: Provided, however, That any one company, , Bridge authºr, lawfully authorized by the States of West Virginia and ized across the tº * iº & §, ºr "... Ohio, is hereby authorized to construct a bridge across the Wºº West Ohio river, from the city of Wheeling, in the State of West * Virginia, to the opposite side of said river within the State of Ohio, with a span over the main channel of not less than three hundred and fifty feet in length, and in all other re- spects conformable and subject to the provisions of this act, so far as the same are applicable to bridges about the mouth of the Big Sandy: And provided, That in case this high span is not over the low-water channel, suitable arrangements be Passage of sin-made elsewhere to permit the passage of single boats under gle boats. the bridge at low water; that all bridges over the Ohio river, tº below the Covington and Cincinnatisuspension bridge, shall e Covington tº tº a “ º º w and Čigojati have, in addition to the high span prescribed above, a pivot- i.” " " " draw, giving two clear openings of one hundred and sixty feet Braws. each, measured at right angles to the current at the average stage of water in the river, and located in a part of the bridge that can be safely and conveniently reached at that stage; and that said draw shall be opened promptly, upon reason- able signal, for the passage of boats, whose construction shall not be such as to admit of their passage under the stationary spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw before or after the passage of trains. Piers. SEC. 3. That the piers of the high span and the piers of the draw shall be built parallel with the current at that stage of the river which is most important for navigation; Ripraps, &c. and that no ripraps or other outside protection for imper- fect foundation will be permitted in the channel-way of the high span, or of the draw openings. Persons, &c., SEC. 4. That any person, company, or corporation au- :*:::..."; thorized to construct a bridge across the Ohio river shall OVER NAVIGABLE WATERS OF THE UNITED STATES. 93. give notice, by publication for one week in newspapers hav- bridge across the ing a wide circulation, in not less than two newspapers in º.º. the cities of Pittsburg, Cincinnati, and Louisville, for bridges, y above the mouth of the Big Sandy, and in the cities of Pitts- burg, Cincinnati, Louisville, Saint Louis, Memphis, and New Orleans, for bridges below the mouth of the Big Sandy, and shall submit to the Secretary of War, for his examina- to submit plans tion, a design and drawings of the bridge and piers, and a sº map of the location, giving, for the space of at least 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 of the current at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and shall fur- nish such other information as may be required for a full and satisfactory understanding of the subject by the Secre- tary of War; and if the Secretary of War is satisfied that the provisions of the law have been complied with in regard to location, the building of the piers may be at once com-, Building of menced; but if it shall appear that the conditions prescribed ś #. by this act cannot be complied with at the location where &c. ! it is desired to construct the bridge, the Secretary of War shall, after considering any remonstrances filed against the building of said bridge, and furnishing copies of such re- monstrances to the board of engineers provided for in this, Provisions of act, detail a board composed of three experienced officers; #. of the corps of engineers, to examine the case, and may, ºf engine...ºft. * * 4. * * * - :’ ” CerS Irecommend. On their recommendation, authorize such modifications in the requirements of this act, as to location and piers, as will permit the construction of the bridge; not, however, dimin- ishing the width of the spans contemplated by this act : Provided, That the free navigation of the river be not ma-... Free naviga. terially injured thereby. tion. SEC. 5. That all parties owning, occupying, or Operating bridges over the Ohio river shall maintain, at their own ex- pense, from sunset to sunrise throughout the year, such lights on their bridges as may be required by the light-house Lights to be board for the security of navigation ; and all persons own-º. ** ing, occupying, or operating any bridge over the Ohio river * shall, in any event, maintain all lights on their bridge that may be necessary for the Security of navigation. SEC. 6. That any bridge constructed under this act, and Bridges to be according to its limitations, shall be a lawful structure, and ...” * g post-routes. shall be recognized and known as a post-route, upon which, also, no higher charge shall be made for the transmission charges, &c. 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 railroads or public highways leading to said bridge; and the United States shall have the right of way for postal-telegraph purposes across any such bridge; Postal t e i e. and in case of any litigation arising from any obstruction or **t Oll. alleged obstruction to the navigation of said river, created by the construction of any bridge under this act, the cause or question arising may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. & 94. LAWS RELATING TO CONSTRUCTION OF BRIDGES This act may SEC. 7. That the right to alter or amend this act, so as to be altered. prevent or remove all material obstructions to the naviga- tion of said river by the future construction of bridges, is hereby expressly reserved, without any liability of the gov- ernment for damages on account of the alteration or amend- ment of this act, or on account of the prevention or requiring Shºgºs in the removal of any such obstructions; and if any change be plans of construc- * wº * tº tion. made in the plan of construction of any bridge constructed under this act, during the progress of the work thereon or before the completion of such bridge, such change shall be subject to the approval of the Secretary of War, and any change in the construction, or any alteration of any such bridge that may be directed at any time by Congress, shall be made at the cost and expense of the owners thereof. Repeal of law SEC. 8. That joint resolution number ten, approved April i..."..."; seventh, eighteen hundred and sixty-nine, authorizing the gºver at construction of a bridge over the Ohio River at Paducah, te be, and the same hereby is, repealed. $ #: $ 3& $: Approved, December 17, 1872. Dec. 24, 1872. CHAP. 12.—An Act authorizing the Construction of Railroad-bridges Vol. 17, p. 400. across the Mobile River and other navigable Streams tributary to T Mobile Bay, in Accordance with the Acts of the Legislature of the State of Alabama, and to establish them as Post-roads. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress be, and the same is hereby, given to the Mobile and Montgomery Railroad Company to erect one or Drawbridges more drawbridges over the Mobile river and other naviga- . . . ble streams tributary to Mobile bay, in accordance with the River, &c. acts of the legislature of Alabama incorporating said Com- Drawbridges, pany: Provided, That the said drawbridges shall be so con- ...” “structed as not to interfere with the free or to materially or substantially obstruct the free navigation of said streams, beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigation; litigation arising from any obstruction, or alleged obstruc- tion, to the free navigation of said river, the cause may be tried before the district court of the United States of the State of Alabama in which any portion of such obstruction or bridges touches: And provided also, That said draw- to be opened bridges shall be opened promptly, upon reasonable signal, promptly; for the passage of boats, and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. s * SEC. 2. That any bridge constructed under this act, and to be lawful according to its limitations, shall be a lawful structure, and i.” shall be known and recognized as a post-route, upon which post-routes; * “y”, charges. also, 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 their transportation over the railroads or public highways leading to said bridges. - ovER NAVIGABLE waters OF THE UNITED STATES. 95 SEC. 3. That all railway companies desiring to use said All railroad bridges shall have and be entitled to equal rights and priv.; ileges in the passage of the same, and in the use of the # 9, use the machinery and fixtures thereof, and of all 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. 4. That the right to alter or amend this act so as to . This act may prevent or remove all material obstructions to the naviga- º altered, &c. tion of said river by the construction of bridges is hereby expressly reserved; and that any bridge or bridges con-, Bridges, how structed under this act shall be built under and subject to .."; such regulations for the security of the navigation of said &&. river as the Secretary of War shall prescribe; and the said bridges shall be, at all times, so kept and managed as to offer reasonable and proper means for the passage of vessels through and under them; and the said bridges shall be changed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the author- ity to erect and continue said bridges shall be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require. Approved, December 24, 1872. CHAP. 207.-An Act to authorize the Northern Pacific Railroad Com- Feb. 27, 1873. pany to construct and maintain a Bridge across the Saint Louis River. Vol. 17, p. 477. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Northern Pacific Railroad Company is hereby authorized Northern Pa. to construct and maintain a draw-bridge across the Saint: ; ; ſº * º ge - * may maintain a Louis river between Rice's point, in the State of Minnesota, draw bridge and Connor's point, in the State of Wisconsin. That the jº. said bridge shall not be less that ten feet above the level wº, , , of the water of said river at the point where its construction bridge. “"“” is hereby authorized ; that said bridge shall have a pivot- draw giving two clear openings of one hundred feet each, Draw. measured at right angles to the current at the average stage of water in the river, and located in a part of the bridge that can be safely and conveniently reached at that stage; and the next adjoining spans to the draw shall not be less spans. than one hundred and fifty feet, if the proper location of the draw over the channel will admit spans of this width between it and the shore; and said span shall not be less than ten feet above extreme high-water mark, measuring to the bottom chord of the bridge; that said draw shall be Dray to be opened promptly, upon reasonable signal, for the passage” of boats whose construction shall not be such as to admit of their passage under the stationary spans of Said bridge, except when trains are passing over the same ; but in no Case shall unnecessary delay occur in opening the said draw before or after the passage of trains. SEC. 2. That; the piers of the said bridge shall be built Piers. 96 LAWS RELATING TO CONSTRUCTION OF BRIDGES parallel with the current at that stage of the river which is. Ripraps. most important for navigation; and that no ripraps or other outside protection for imperfect foundation will be permitted in the channel-way of the draw-openings. SEC. 3. That the said Northern Pacific Railroad Company shall submit to the Secretary of War, for his examination, Plansfor bridge a design and drawings of the bridge and piers, and a map :*:::::::::, of the location, giving, for the space of at least one mile tº secretary of above and one mile below the proposed location, the topog- Cº. i. e. raphy of the banks of the river, the shore-lines at high and low water, the direction of the current at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish Such ºther information as may be required for a full and satisfactory understanding of the subject by the Secretary of War; and if the Secretary of War is satisfied that the provisions of the law bave been complied with in regard to Building ºf location, the building of the piers may be at once com- piers may be tº ºrº º -- & 1 tº e ãºmenced if menced; but if it shall appear that the conditions prescribed *; condition or by this act cannot be complied with at the location where it act can not be is desired to construct the bridge, the Secretary of War *... shall, after considering any remonstrances filed against the board of three building of said bridge, and furnishing copies of such re- tºr ** monstrances to the board of engineers provided for in this sºmeº act, detail a board composed of three experienced officers of e the corps of engineers, to examine the case, and, on their recommendation, authorize such modifications in the require- ments of this act, as to location and piers, as will permit the construction of the bridge, not, however, diminishing the width of the spans contemplated by this act : Provided, a. * * That the free navigation of the river be not materially in- jured thereby. owners, &c., of SEC. 4. That all parties owning, Occupying, or operating }.º.º.º. the said bridge shall maintain, at their own expense, from lights. sunset to sunrise throughout the year, such lights on their bridges as may be required by the light-house board for the Security of navigation ; and all persons owning, occupying or operating the said bridge shall, in any event, maintain all lights on their bridge that may be necessary for the Se- curity of navigation. , 4. Bridge, to be a SEC. 5. That any bridge constructed under this act, and lºº according to its limitations, shall be a lawful structure, and shall be recognized and known as a post-route upon which, also, 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 railroads or public highways leading to said bridge; and the United States shall have tºº, way the right of way for postal-telegraph purposes across such iii.;;..." bridge; and in case of any litigation arising from any ob. struction or alleged obstruction to the navigation of said river, created by the construction of said bridge under this act, the cause or question arising may be tried before the district court of the United States of any State in which Railway com.” portion of said obstruction or bridge touches. pa.”., ii., SEC. 6. That all railway companies desiring to use the OVER NAVIGABLE WATERS OF THE UNITED STATES. 97 said bridge shall have and be entitled to equal rights and equal right to use privileges in the passage of the same, and in the use of the the bridge. machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and condittons as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not abºTee, *. 7. That the right to alter or amend this act, so as to . This act may prevent or remove all material obstructions to the naviga. "“” tion of said river by the construction of the said bridge, is hereby expressly reserved, without any liability of the gov- ernment for damages on account of the alteration or amend- ment of this act, or on account of the prevention or requir- ing the removal of any such obstructions; and if any change Changesin plan be made in the plan of construction of any bridge con-i. . §. structed under this act, during the progress of the work of War. thereon or before the completion of said bridge, such change, gh anges in shall be subject to the approval of the Secretary of War; ..."..."; and any change in the construction, or any alteration of made at the ex: said bridge that may be directed at any time by Congress, ... * ** shall be made at the cost and expense of the owners thereof. Approved, February 27, 1873. CHAP. 233.—An Act making Appropriations for the Repair, Preser- Mar. 3, 1873. vation, and Completion of certain public Works on Rivers and Harbors, Vol. 17, p. 560. and for other Purposes. <===º-mºm-m-m-m-m-m-º. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. : ; :}; # × : ; SEC. 3. That the Secretary of War is hereby authorized and required to detail from the engineer corps, one or more engineers whose duty it shall be to inquire into and report Inquiry and upon the practicability of bridging, consistently with the jº,"; interests of navigation, the channel between Lake Huronº. and Lake Erie, at such points as may be needful for theº passing of railroad trains across said channel, and also its Lake Erie; effect upon the navigation of the same; and further, to in- Quire into the number and character of the vessels naviga- amount of navi. ting said channel, and the number of trips made by each, #" " * and, if said bridging be practicable, to report what extent extent of spans. of span or spans and elevation above the water will be re- quired in the construction of such bridge or bridges, so as not seriously to injure the navigation of Said channel. §§ $ $ $ : ; Approved, March 3, 1873. CHAP. 286.-An Act to authorize the Construction of a Railroad and Mar. 3, 1873. Drawbridge across the Genesee River, in Monroe County, New York. Vol. 17, p. 610. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Lake Ontario Shore Railroad Company of the State of New Lake Ontario York be, and they are hereby, authorized to construct a .º.º. * g - may construct a draw-bridge across the Genesee river, in Monroe county, àràw bridge 1574 BR 7 {}8 LAWS RELATING TO CONSTRUCTION OF BRIDGES across the Gene in said State, in accordance with the provisions of an act -800 TIV6I’. passed by the legislature of the State of New York, March Seventeenth, eighteen hundred and seventy-one, and en- titled “An "act to facilitate the construction of the Lake Ontario Shore railroad, and to amend the several acts in Bridge to be a relation thereto ;” and the said bridge when completed shall ºãº be deemed and taken to be a legal structure, and shall, with the railroad of which it is to be a part, be a post-road for the transmission of the mails of the United States, with the rights and privileges of other post-roads. SEC. 2. That said structure herein authorized shall be a.º.º. built and located under and subject to such regulations for lations; * the Security of navigation of said river as the Secretary of War shall prescribe, and shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under the same, and the said may be changed; Structure shall be changed at the cost and expense of the OWners thereof, from time to time, as Congress may direct, So as to preserve the free and convenient navigation of said right to erect river. And the authority to erect and continue said bridge *** shall be subject to revocation or modification by law when- ever the public good shall in the judgment of Congress so require, without any expense or charge to the United States. Approved, March 3, 1873. Mar. 3, 1873. CHAP. 302.—An Act authorizing the Construction of a Bridge across Vol. 17, p. 616. the Mississippi River at Saint Louis in the State of Missouri. tº: º Be it enacted by the Senate and House of Representatives of 3.1375, ch. iii.] the United States of America, in Congress assembled, That the cº Saint Clair and Carondelet Bridge Company, a corporation #idgsºpany chartered and organized under the laws of each of the i. º States of Illinois and Missouri, and such other corporations Mississippi and individuals, if any, as may hereafter associate them- #. * *selves with them, be, and the same are hereby, authorized to erect, maintain, and operate a bridge across the Missis- sippi river, from some point on the Illinois shore, in the county of Saint Clair, and the State of Illinois, to the southern part of the city of Saint Louis, (formerly Caron- delet,) in the State of Missouri, subject to all the conditions contained in said acts of incorporation or amendments thereto, and not inconsistent with the terms and provisions If litigation, contained in this act; and in case of any litigation arising .* **from obstruction, or alleged obstruction, to the free naviga. tion of said waters, the cause shall be tried before the dis- trict court of the United States of either State which any portion of said obstructions or bridge touches. SEC. 2. That the bridge authorized by the preceding sec- Bridge, how to tion to be built shall be subject to the following conditions: be built. First, the two spans over the main channel of the river shall not be less than five hundred feet in the clear from Spans. pier to pier at low-water mark; secondly, no span over the water at low-water mark shall be less than two hundred Elevation. and fifty feet in the clear of abutments; thirdly, the eleva- tion of said bridge over the main channel shall not be less OVER NAVIGABLE WATERS OF THE UNITED STATES. 99 than one hundred feet above low-water mark, as understood at the point of location, measuring for such elevation to the lowest part of the superstructure or the bottom chord of said bridge, or in the case of arch spans to the lowest point of the center of the arch; fourthly, the piers of said bridge Piers. shall be parallel with the current of the river as near as practicable; and that no ripraps or other outside protection No ripraps. for imperfect foundation will be permitted in the channel- way; that said bridge shall be provided with two railway- Railway and tracks, two highway-tracks, and two foot-walks of not less other tracks. than eight feet in width. SEC. 3. That said bridge company, authorized to construct Bridge &ºm said bridge across the Mississippi river by the States of M s-É.”.” souri and Illinois, upon whose territory said bridge will abut, Papers. shall give notice by publication for thirty days, in newspapers having a wide circulation, in not less than two newspapersin the cities of Pittsburgh, Cincinnati, Louisville, Saint Louis, Memphis, and New Orleans, and shall submitto the Secretary To submit plan of War, for his examination, a design of the bridge and piers, ...}#;" and a map of the location, giving, for the space of at least 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 of the current at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and shall fur- nish such other information as may be required for a full and satisfactory understanding of the subject by the Secre- tary of War; and if the Secretary of War is satisfied that the provisions of the law have been complied with in regard to location, the building of the piers may be at once com- Building of menced; but if it shall appear that the conditions prescribed ſº "* by this act cannot be complied with at the location where y it is desired to construct the bridge, the Secretary of War shall, after considering any remonstrances filed against the building of said bridge, and furnishing copies of such remon- strances to the board of engineers provided for in this act, Board of º: detail a board, composed of three experienced officers of the ...” “ Corps of engineers, to examine the case, and may, on their recommendation, authorize such modifications in the require- ments of this act as to location and piers as will permit the construction of the bridge, not, however, diminishing the width of the spans contemplated by this act : Provided, That the free navigation of the river be not materially in-, Navigation not jured th ereby. to be obstructed. SEC. 4. That any person, company, or Corporation owning or operating any bridge constructed under this act shall maintain, at their own expense, from 'sunset to sunrise, throughout the year, such lights on their bridges as may be Lights to be required by the light-house board for the security of navi-; "“ ” gation; and all persons owning or Operating said bridge over the Mississippi river shall, in any event, maintain all lights on their bridge that may be necessary for the security Of navigation. SEC. 5. That the bridge constructed under this act, and laº; according to its limitations, shall be deemed and taken toº.” be a lawful structure, and shall be recognized and known * 100 LAWS RELATING To constructION OF BRIDGEs as a post-route for the transmission of the mails, the troops, and the munitions of war of the United States, and no Charges. higher charge per mile shall be made for the transmission of mails, troops, and munitions of war, or other property of the United States, in its passage across said bridge, than is charged on railroads approaching said bridge. who may be SEC. 6. That the directors of said corporation may be citi- j "zens of any of the United States, and may hold their meet- ings in either of the States of Illinois and Missouri, as the M or t g age board of directors may elect, and may execute a mortgage bonds. and issue bonds, payable, principal and interest, in gold. All railway SEC. 7. That all railway companies desiring to use the i. said bridge after its completion shall have and be entitled to use the bridge, to equal rights and privileges in the passage of the same, &c. and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such equitable terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proof of the par- ties, in case they shall not agree. Right reserved SEC. 8. That the right to alter or amend this act so as to tº amena **** prevent or remove all material obstructions to the naviga. tion of said river by the construction of said bridge is hereby changes in expressly reserved; and any change in the construction or .*.*.*.*.* any alteration of said bridge that may be directed at any pense. time by Congress shall be made at the Gost and expense of the Owners thereof. Act may be re. This act shall be subject to amendment or repeal at the pealed. pleasure of Congress. Approved, March 3, 1873. Mar. 3, 1878. CHAP. 325–An Act to authorize the Construction of a Bridge across. Vol. 17, p. 627, the Missouri River at or near the City of Lexington, in the State of — Missouri, and to establish it as a Post-road. Be it enacted by the Senate and House of Representatives of Bridge may be the United States of America in Congress assembled, That it §oº"; shall be lawful for any person or persons, company, or cor- at or near Lex-poration, authorized by the general or special laws of **** Missouri, and having the consent of the Burlington and *laid there Southwestern and the Lexington Lake and Gulf Railroad º Companies, to build a bridge across the Missouri River at or near the City of Lexington, in the State of Missouri, and to lay on or over said bridge railway tracks for the more perfect connection of any railroads that are or shall be con- structed to the said river at or opposite said point, under the limitations and conditions hereinafter provided. That Navigation. said 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 Litigation, case of any litigation arising from any obstruction, or alleged obstruction, to the free navigation of said river, the cause may be tried before the district court of the United States in the district of said State in which said bridge is located. SEC. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, OVER NAVIGABLE WATERS OF THE UNITED STATES. 101 be built either as a pivot draw-bridge, or with unbroken or , Bridge may be continuous spans: Provided, That if the said bridge shall jº be made with unbroken and continuous spans, it shall not with continuous 'be of less elevation, in any case, than fifty feet above high-"#"ºridge is water mark, as understood at the point of location, to theº.” bottom chord of the bridge; nor shall the spans of said pans; bridge be less than two hundred and fifty feet in length, and the piers of said bridge shall be parallel with the cur- rent of the river; and the main span shall be over the main channel of the river, and not less than three hundred feet in length : And provided also, That if any bridge built under this act shall be constructed as a pivot draw-bridge the , if as a pivot same shall be constructed with a draw over the main chan. ** nel of the river at an accessible and navigable point, with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, if the proper loca- tion of the draw over the channel will admit spans of this width between it and the shore; and said spans shall not be less than thirty feet above low-water mark, and not less than ten above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river: And provided also, That said draw shall be opened promptly, upon reason- Draw to be able signal, for the passage of boats, and in no case shallº” ” unnecessary delay occur in opening the said draw during Or after the passage of trains. SEC. 3. That any bridge constructed under this act, and according to its limitations, shall be a lawful structure, and , Bridge to be a shall be known and recognized as a post-route, upon which, º also, no higher charge shall be made for the transmission Charges. over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to the said bridge. SEC. 4. That all railway companies desiring to use the All railway said bridge shall have and be entitled to equal rights and iº privileges in the passage of the same, and in the use of the rights. machinery and fixtures thereof, and of all the approaches thereto under and upon such terms and conditions as shall he prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. SEC. 5. That any bridge authorized to be constructed, Regulations for under this act shall be built and located under and subject lºins the 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 drawings of the bridge and piers, and a map D e sign and of the location, giving, for the space of at least one mile * above and one mile below the proposed location, the topo- graphy of the banks of the river, the shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings accurately showing the 102 LAWS RELATING TO CONSTRUCTION OF BRIDGES bed of the stream, the location of any other bridge or bridges, 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 Bridge not to approved by the Secretary of War, the bridge shall not be **** built; and if any change be made in the plan of construc. tion of said bridge during the progress of the work thereon, Changes in or before the completion of said bridge, such change shall plan. be subject to the approval of the Secretary of War; and the said structure shall be at all times so kept and managed Passage of ves. as to offer reasonable and proper means for the passage of Sels. vessels through or under said structure; and the said structure shall be changed at the cost and expense of the Owners thereof, from time to time, as Congress may direct, So as to preserve the free and convenient navigation of said Authority to river. And the authority to erect and continue said bridge. $.””” shall be subject to revocation or modification by law when- ever the public good shall, in the judgment of Congress, so require without any expense or charge to the United States. alé:... * SEC. 6. That the right to alter or amend this act, so as. & ºvº gº to prevent or remove all material obstructions to the navi- gation of said river by the construction of bridges, is hereby expressly reserved. Approved, March 3, 1873. Mar. 3, 1873. CHAP. 329.—An Act to authorize the Little Rock, Pine Bluff, and Vol. 17, p. 630. Arkadelphia Southwestern Railroad Company to construct a Bridge —— over the Ouachita River at or near Arkadelphia, Arkansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sºlº Little Rock, Pine Bluff and Arkadelphia. Southwestern jº...". Railroad Company, a corporation organized under the gen- §º. eral incorporation laws of the State of Arkansas, be, and is iſ ºsas.” hereby, authorized to construct a bridge over the Ouachita river at or near Arkadelphia in the State Arkansas for the purpose of terminating the Little Rock, Pine Bluff, and Arkadelphia, Southwestern Railroad at Arkadelphia, in said State, and for the purpose of connecting said railroad with any other railroad which may run from said place: Provided, Purposes of the That said company may construct said bridge for the ac- bridge. commodation of foot passengers, animals, and vehicles of all kinds over said river, and shall keep up, operate, and maintain said bridge. SEC. 2. That said company may build said bridge as a Bridge may be draw-bridge, with a pivot or other form of draw, or with **:::::... unbroken or continuous spans: Provided, That if the same *Pººl shall be made of unbroken or continuous spans it shall not our spans; be of less elevation in any case than fifty feet above high- water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than one hundred and fifty feet in length, and the piers of said bridge shall be parallel with the cur- rent of the river, and the main span shall be over the main channel of the river, and not less than one hundred and OVER NAVIGABLE WATERS OF THE UNITED STATES. 103 eighty feet in length. And provided also, That if said bridge, if as a draw. shall be built as a draw-bridge, the same shall be con- * structed as a pivot draw-bridge with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet on either side of the pivot-pier; and said spans shall not be less than thirty feet above low-water mark, and not less than ten feet above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel to the current of the river, And pro- vided also, That said draw shall be opened promptly upon Draw to be reasonable notice or signal, for the passage of boats, and *P*P*P*Y. in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. SEC. 3. That said bridge, when constructed, under this act, shall be a lawful structure, and shall be recognized, Bridge to be a and known as a post-route, and no higher charge shall be º: made for the transmission over the same of the mails, Charges. troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroads of public highways leading to said bridge. SEC. 4. That all railway companies desiring to use the All railway said bridge shall have and be entitled to equal rights and ...”.”pi. privileges in the passage of the same, and in the use of the upon, &c. machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall ...Secretary of be prescribed by the Secretary of War, upon hearing the ..."; allegations and proofs of the parties in case they shall not lºg &c., the agree. 5 ** SEC. 5. That the structure herein authorized shall be Structure may built under and subject to such regulations for the security” of the navigation of said river and lake as the Secretary of War shall prescribe, and the said structure shall be, at all times, so kept and managed as to offer reasonable and proper means for the passage of vessels through and under said structure; and the said structure shall be changed at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revoca- tion by law whenever the public good shall, in the judgment of Congress, so require, SEC. 6. That the right to alter or amend this act and to . This act may prevent or remove all material obstructions to the naviga- **** tion of said river by the construction of said bridge, is hereby expressly reserved. Approved, March 3, 1873. [No. 7..] Joint Resolution in relation to the Old Bridge at Rock Island. Mar. 3, 1873. Vol. 17, p. 639. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That for the purpose of protecting the landing at Davenport, Iowa, the Secretary of War may, in his discretion, permit the north Secretary of pier of what is termed in the joint resolution of July twen-Yº º º 104 LAWS RELATING TO CONSTRUCTION OF BRIDGES Bridge” at Rock tieth, eighteen hundred and sixty-eight, the “Old Bridge” Island to remain 'I is cº, c. c. , $ tº * •y- is is a :*.*... over the Mississippi river, at Rock Island, to remain in its position. present position, in case said pier does not obstruct navi- gation. Approved, March 3, 1873. & June 6, 1874. CHAP.-224. An Act, to legalize and establish a pontoon-railway- Vol. 18, pt. 3, p. bridge across the Mississippi River at Prairie du Chien, and to au- 62. thorize the construction of a similar bridge at or near Clinton, Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Railway-p on railway pontoon bridge across the Mississippi River, and an ... ." § island therein, communicating with the Milwaukee and #º. Saint Paul Railway at Prairie du Chien, in the State of legalized. Wisconsin, and the Milwaukee and Saint Paul railway at North McGregor, in the State of Iowa, be, and is hereby, legalized and declared a lawful structure : Provided, That the Said John Lawler and the said Prairie du Chien and McGregor Railway Company, their successors and assigns, Draws to be shall keep up and maintain a suitable pontoon draw of not * less than three hundred and ninety-six feet in length in the L ength of eastern channel, and one of not less than four hundred and draws. eight feet in length in the principal or western channel of To be opened Said river; and that said draws shall be opened promptly, P*P* * upon reasonable signal, for the passage of boats or rafts; but in no case shall unnecessary delay occur in opening the said draws before or after the passage of trains; and that the said parties shall maintain, at their own expense, from Lights. sunset to sunrise, throughout the year, such lights on said bridge as may be required by the Light-House Board, for the security of navigation. sº SEC. 2. That all railway companies desiring to use said §§§"..." ... pontoon bridge shall have, and be entitled to, equal rights bridge, &c. and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all approaches thereto, under and upon such terms and conditions as shall Secretary of be prescribed by the Secretary of War upon hearing the *:::::::::: allegations and proofs of the parties in case they shall not toº..."; agree; and the United States shall have the right of way Way” for ºsti for postal telegraph purposes across said bridge; also, no *śl, i.e., higher charge shall be made for the transmission over the of mails, troops, 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 railroads or public highways lead- Litigation, ifing to said bridge; and in case of any litigation arising from ºś**any obstruction or alleged obstruction to the navigation of the river, created by the construction of said bridge under this act, the cause or question arising may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. ...º.º. be SEC. 3. That the right to alter or amend this act, so as to '* prevent or remove all material obstructions to the naviga- tion of said river is hereby expressly reserved, without any Any change in liability of the Government for damages on account of the plan ºf jºu... alteration or amendment of this act, or on account of the ovER NAVIGABLE waters OF THE UNITED STATES. 105 prevention or requiring the removal of any such obstruc-tion to be subject tions; and if any change be made in the plan of construction $, º, ºf of said pontoon bridge, such change shall be subject to the War. approval of the Secretary of War; and any change in the ºlerº; construction, or any alteration of said bridge, that may be º: directed at any time by Congress or the Secretary of War, i. §: . shall be made at the cost and expense of the owners thereof.” “"“” SEC. 4. That the bridgeheretofore authorized to be erected tº isſi; across the Mississippi River at or near Clinton, Iowa, by River near Clin. section one of an act entitled “An act to authorize the con-" " struction of a bridge across the Mississippi River at or near the town of Clinton, in the State of Iowa, and other bridges across said river, and to establish them as post roads,” approved April first, eighteen hundred and seventy-two, ###$!!. may be constructed and maintained as a pile and pontoon Yº...". th. bridge, subject to the terms, restrictions and requirements †.# ** contained in the foregoing sections of this act : Provided, Fº That in the bridge mentioned in this section only one draw ..."gº sºlº shall be required unless otherwise determined by the Secre- Proviso. tary of War, which draw shall be located as he may direct, and be not less than four hundred and eight feet in width. Approved, June 6, 1874. CHAP. 403.−An Act to authorize and provide for the construction of June 22, 1874. a substantial iron and masonry bridge and of a causeway across the Vol.18, pt. 3, p. Anacostia, or Eastern Branch of the Potomac River, at or near the 196. site of the present Navy-Yard bridge. Be it enacted by the Senate and House of Representatives of , Bridge * the United States of America in Congress assembled, That the **** Secretary of War be, and he is hereby, authorized and directed to cause to be constructed across the Anacostia River, at or near the site of the present Navy-Yard bridge, in the District of Columbia, a substantial iron and masonry bridge and causeway; and the sum of one hundred and forty-six thousand dollars be, and the same is hereby, appro- Appropriation. priated, Out of any money in the Treasury not otherwise appropriated, for the construction of said bridge: Provided, That the said Secretary shall construct a bridge upon such plan as shall cost no more than the amount herein appro- Cost limited. priated: And no part of this appropriation shall be paid Nº . payment out of the treasury until contracts shall have been entered "** into With responsible parties and with good and sufficient Sureties to be approved by the Secretary of War for the Construction and completion of said bridge, including the masonry, iron work, and causeway, at a cost not to exceed One hundred and forty-six thousand dollars: And provided also, That the said bridge shall be so constructed as not to Notto interfere interfere with the usual navigation above said bridge. with navigation. Approved, June 22, 1874. CHAP. 404.—An Act to authorize the construction of a bridge over June 22, 1874. the Willamette River at Salem, in the State of Oregon Vol. 18, pt. 3, p. 196. Be it enacted by the Senate and House of Representatives of — the United States of America in Congress assembled, That it - 106 LAWS RELATING TO CONSTRUCTION OF BRIDGES gounty com: shall be lawful for the county commissioners of the county *::::::: of Marion, in the State of Oregon, or for the said commis- 9. Fº: sioners jointly with the county commissioners of the county *:::::::::: of Polk, in said State, to build a bridge across the Willa. ...a met tº mette River at the city of Salem, in said county of Marion, * at a point to be selected and determined by the said board of commissioners of Marion county, or by said board jointly with the board of commissioners of Polk county aforesaid: width of draw. Provided, That there shall be placed in said bridge a draw Centre a but of not less than two hundred feet in width, with a centre Iment. abutment not to exceed forty feet wide, and ten feet above the water line, leaving a passage on each side of the abut- ment of not less than eighty feet in width, and so constructed Navigation not as not to impede the navigation of said river and allow the *** easy passage of vessels through said bridge. Right to amend SEC. 2. That the right to alter or amend this act so as to **** prevent or remove all material obstructions to the naviga- tion of said river by the construction of said bridge is hereby expressly reserved, and any change needful to that end shall be made at the expense of the counties in which such bridge shall be erected. Approved, June 22, 1874. amsºmºsºsºm * * June 22, 1874. CHAP. 405.—An Act to authorize the construction of a bridge across. Vol.18, pt. 3, p. the Mississippi River at or near the city of La Crosse, in the State of 197. Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tº: Milwaukee and Saint Paul Railway Company may construct fiver”.”; and maintain a bridge across the Mississippi River at a point §. ... heretofore selected by said company between the county of Saint Paul Raii. La Crosse, in the State of Wisconsin, and the county of ** Houston, in the State of Minnesota: Provided, That the wº: Secretary of War shall convene a board of engineer officers, bºa.º. whose duty it shall be to ascertain and report whether a *...*... bridge at the location selected by said company can be r report, - º ge º g tº &c. Constructed and maintained without material interference with the security and convenience of navigation of said river at that point, and shall also ascertain and report what accessory works it will be necessary to construct and main- tain to secure the best practicable straight channel-way for Power of board. navigation of said river at and near that point; the board shall further determine the necessary height of said bridge, the location of its piers, and make such recommendations for the security and convenience of navigation as may be Upon approval deemed essential and proper; and that upon the approval #nº ; of the report and recommendations of the board by the Sec- be commenced, retary of of War, the said company, upon being so notified, may proceed to construct said bridge in accordance with . Provisions and said report and recommendations, subject to the provisions limitations. and limitations of the act entitled “An act to authorize the construction of a bridge across the Mississippi River at or near the town of Clinton, in the State of Iowa, and other 1872, Ch. 73. , bridges across said river, and to establish them as post- **** roads,” approved April first, eighteen hundred and seventy- ovER NAVIGABLE WATERS OF THE UNITED STATES. 107 two: And provided further, That said company shall con- Railroad com: struct and maintain all the accessary works found to be...”. necessary as hereinbefore provided, for the security and &c. convenience of navigation at their own expense, and subject to such supervision as the Secretary of War may prescribe, and that until the said works shall have been constructed to the satisfaction of the Secretary of War, and are approved by him, the superstructure of the bridge shall not be com- menced: And provided further, That this act shall not be so Proviso. construed as to relieve said company from the provisions of any existing laws, except as to the location and height of said bridge: And provided further, That said company shall not charge more than three dollars a car for each freight-car, Charge, for transportation of transported across said bridge. freight-cars lim- Approved, June 22, 1874. ited. CHAP. 455.-An Act making appropriations for sundry civil expenses June 23, 1874. of the Government for the fiscal year ending June thirtieth, eighteen , Vol.18, pt. 3, p. hundred and seventy-five, and for other purpos s. 204. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, . Appropriation for the objects hereinafter expressed, for the fiscal year ...: ending June thirtieth, eighteen hundred and seventy-five, #ng June * namely: $ $ :: :: * WAR DEPARTMENT. War Depart- ment. ARMORIES AND ARSENALS. Armories and arsenals. : ; :}; 3& $ # For Rock Island bridge: For alterations and repairs and Rock Island additional machinery (for draw of the bridge) and for care * and preservation, twenty-three thousand and four hundred one-half to be dollars; one-half of which sum shall be reimbursed to the ºr º Government by the Chicago, Rock Island and Pacific Rail. Fº. road Company. , ºr §§ $ $ $ $ . To enable the Secretary of War to provide for construct-, Military bridge ing a military bridge across the North Platte River, at or ºº . Fort Laramie, Wyoming Territory, fifteen thousand ollars. $ $ $ $ $ BUILDINGS AND GROUNDS IN AND AROUND WASHINGTON. × 3& §§ $ - :* $ For additional work and materials for completing super- Chain Bridge. structure of Chain Bridge, including railing, lighting, and painting, four thousand nine hundred and eighty dollars. $ §§ Y: #: $ Approved, June 23, 1874. 108 LAWS RELATING TO CONSTRUCTION OF BRIDGES June 23, 1874. CHAP. 474,--An Act supplementary to the act entitled “An act to vol.18, pt. 3, p. authorize the Washington City and Point Lookout Railroad Com- 274. pany to extend a railroad into and within the District of Columbia '' is...º.o. approved January 22, 1873. xvii, p. 413 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the washington Washington City and Point Lookout Railroad Company $." º may enter the city of Georgetown with their railroad, and ºpº may construct the same within the limits of said city on and tºº, ... by the following route: Beginning at a point on the north- §º of eastern boundary line of the District of Columbia; thence †.”“ to the mouth of Piney Branch of Rock Creek, by a route north of the Soldiers Home, and avoiding any property of the United States; thence by way of Rock Creek to a point near its mouth; thence by way of Water street in George- town to a point near the northeastern terminus of the Aqueduct Bridge, in said city; thence along the Potomac River to the northwestern boundary of the District of Colum- bia, so as to connect with the Washington and Ohio Rail- Bridge across road, with authority to construct a bridge across the Potomac i.e.” River above navigation, upon plans and specifications to be first approved in writing by the Secretary of War; and also Branch to con- to construct a branch railroad outside of the limits of the #.º.º. city of Washington to connect its road with the Washington ington branch of §.” branch of the Baltimore and Ohio Railroad; Provided, That ... of the location of said route herein defined shall be subject to ...tº the approval of the engineer in charge of public buildings #: º and grounds: And provided further that nothing in this iºns act shall be so construed as to permit or authorize the Washington City and Point Lookout Railroad Company to enter upon or use any property owned or controlled, or in Not to interfere any manner to interfere with any right or privilege hereto- Mºrº fore granted to the Chesapeake and Ohio Canal Company Chesapeake and by their charters, or amendments thereto, without the con- .** sent of said Chesapeake and Ohio Canal Company and its lessees is first had and obtained: And provided further, that said Washington City and Point Lookout Railroad Com- Depot to be pany shall establish a depot at some point in Georgetown ;..." " on Water street, between Rock Creek and the Aqueduct Sº, Bridge; And provided further that said Washington City and Point Lookout Railroad Company shall construct its Railroad in railroad in the county of Washington herein authorized so ; , "... that wherever it shall cross any public road it shall cross public roads by the same by an overgrade or undergrade crossing, by bridge $º&." or tunnel, so as not to impede public travel upon said roads, and shall construct that part of said railroad along Rock Creek in the valley of said creek, passing west of the P- Tunnel west of street bridge, by a tunnel through the hill west of Said P- **** street bridge; and said road-crossings and said tunnel shall Plans and speci be located and constructed in accordance with plans and tºwºw specifications to be first approved in writing by the engi- neer in charge of public buildings and grounds. Baltimore and SEC. 2. That the Baltimore and Ohio Railroad Company 3.º... shall have the right to use the tracks of said, Washington º; tº City and Point Lookout Railroad Company to be laid under }. ***** the provisions of this act, from the intersection of the same OVER NAVIGABLE WATERS OF THE UNITED STATES. 109 with the Metropolitan branch of the Baltimore and Ohio Railroad Company to the city of Georgetown upon such reasonable terms as may be agreed upon or Congress pre- scribe. SEC. 3. This act may be altered, amended, or repealed at , Act may be al- any time, and all rights and privileges herein conveyed to je.* tº º !" or repealed. said Company shall cease and determine unless the said º::::::: Company complete its road hereby authorized to George it.”. town with at least one track within three years from the years. passage of this act. Approved, June 23, 1874. ' CHAP. 475.-An Act to declare the bridge across the Niagara River, June 23, 1874. authorized by the act of Congress, approved, June thirtieth, eighteen , Vol. 18, pt. 3, p. hundred and seventy, a post route— 275. Be it enacted by the Senate and House of Representatives of * * * the United States of America in Congress assembled, That the modification in the plans of the bridge authorized by the Bridge across act approved on the thirtieth day of June, eighteen hundred Nº. and seventy, as stated in the report of the board of engi-fications in plans neers of the War Department, dated February seventh,” eighteen hundred and seventy-one are hereby approved ; and said bridge as constructed is hereby declared to be a Bridge declared lawful structure, and an established post-route for the mail “P” of the United States. Approved, June 23, 1874. CHAP. 482.-An Act to authorize the construction of a bridge over June 23, 1874. the Willamette River at Portland in the State of Oregon. Vol. 18, pt. 3, p. 281. Be it enacted by the Senate and House of Representatives of — the United States of America in Congress assembled, That it shall be lawful for the Oregon and California Railroad Com. , Qregon and pany of Portland, Multnomah County in the State of Oregon, º or for the said company jointly, with the Oregon Central jºy ºil Railroad Company of Portland, in said State on such terms bridge §er Wil- as to division of expense, as may be agreed upon between ..." * said companies to build a railroad bridge across the Willa- mette River at the city of Portland in said county of Mult- nomah, at a point to be selected and determined by the said railroad company or companies constructing such bridge; Provided, That there shall be placed in said bridge a draw . Dimensions of of not less than three hundred feet in width, with a center" abutment not to exceed fifty feet wide, and ten feet above the water line, leaving a passage on each side of the abut- ment of not less than one hundred feet in width, and go constructed as not to impede the navigation of said river, and allow the easy passage of vessels through said bridge. Such bridge shall be so constructed as to have a wagon and . Wagon, and foot way below the railroad track: Provided further, That ºr...” the said bridge shall be so constructed and built as not to Bridge not to obstruct, impair, or injuriously affect the navigation of theº."" river; and in order to secure a compliance with these con- ditions, the corporation, association, or company proposing I 1 () LAWS RELATING TO CONSTRUCTION OF BRIDGES to erect the same, previous to commencing the construction Plan of bridge of the bridge, shall submit to the Secretary of War a plan :*.*.*... of the bridge, with a detailed map of the river at the pro- to Secretary of posed site of the bridge, and for the distance of a mile above War. and below the site, exhibiting the depths and currents at all points of the same, together with all other information touching said bridge and river as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed condi. -- tions of the act not to obstruct, impair, or injuriously affect officer may be the navigation of the river: Provided further That the ;"º. Secretary of War may detail an officer to superintend the and examination survey and examination of said river with a view to said of river. location. Bridge not to SECTION 2. That the Secretary of War is hereby au- §n".”... thorized & directed, upon receiving said plan and map and pºore other information, and upon being satisfied that a bridge * * ** built on such plan and at said locality will conform to the prescribed conditions of this act not to obstruct, impair, or injuriously affect the navigation of said river, to notify the said corporation, association, or company proposing to erect the same that he approves the same; and upon receiving such notification, the said corporation, association, or com- pany may proceed to the erection of Said bridge, conform- ing strictly to the approved plan and location. But until the Secretary of War, approve the plan and location of said bridge, and notify the said corporation, association, or com- pany of the same, the bridge shall not be built or commenced. Right to alter SECTION 3. That the right to alter or amend this act so .***as to prevent or remove all material obstructions to the navigation of said river by the construction of said bridge Expense of im- is liereby expressly reserved ; and the expense of all im- Fººt.. provements or repairs at any time made shall be borne by y company, the company or companies constructing Such bridge. Approved, June 23, 1874. º Mar. 3, 1875. CHAP. lºo.—An Act making appropriations for sundry civil expenses vol.18, pt. 3, p. of the government for the fiscal year ending June thirtieth, eighteen 1. hundred and seventy-six, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Appropriations following sums be, and the same are hereby, appropriated, tº: for the objects hereinafter expressed, for the fiscal year ending June 30, ending June thirtieth, eighteen hundred and seventy-six, 1876 namely: $ 35 36 $ 36 WAR DEPARTMENT. ARMORIES AND ARSENALS. Rock Island. For Rock Island Arsenal, Rock Island, Illinois: :}; :}; - #: # 3& Rock Island For Rock Island bridge: For care and preservation of bridge. the bridge, thirteen thousand dollars; and this sum and the over NAVIGABLE WATERS OF THE UNITED STATES. 111 appropriation for said bridge for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, shall be ex- 1874, ch:455. pended in accordance with the joint resolution in relation * * to the Rock Island bridge, approved July twentieth, eight- 1868, res. 60, een hundred and sixty-eight, and the contract between the "*** United States and the Chicago, Rock Island and Pacific Railroad Company; and the Secretary of War shall, within six months from the passage of this act, notify said railroad Removal of company to remove, from said island and from the Missis-à.;; sippi River, all piers, abutments, embankments, erections, &c. 3. structures, or tracks connected in any way with the old bridge or tracks of said railroad-company over or across said island or either branch of said river; and in case of refusal of said railroad-company to comply with such notice for the period of six months, then it shall be the duty of the Attorney-General of the United States to commence, or cause to be commenced, such legal proceedings against Said, Suit to be railroad-company as may be necessary to protect and en- * force the rights of the United States in that behalf: Pro- Proviso. vided, however, The Secretary of War may permit the north pier of the old bridge to remain, in accordance with the joint resolution of Congress approved March third, eighteen hundred and seventy-three. 3% * * #: # # # BUILDINGS AND GROUNDS IN AND AROUND WASHINGTON. :}; :}; :: $ # For annual repairs of bridges, such amount is hereby Bridges. appropriated as may be turned into the Treasury from the sale of the old Anacostia bridge, on the completion of the new bridge. * §§ $ :}; # #: Approved, March 3, 1875. CHAP. l'72.—An Act for the further security of navigation on the Mar. 3, 1875. Mississippi River. Vol. 18, pt. 3, p. 510. * Be it enacted by the Senate and House of Representatives of − the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and di- rected to inquire into the expediency of causing shear- shear-boomson booms to be placed on the upper end of all or any bridge #. " piers on the Mississippi River, for the better security and ppl. convenience of the navigation of said river for rafts of logs and timber, with specific report in each case. Approved, March 3, 1875. zº. CHAP. l?7.—An Act amendatory of the act approved March. 3, 1873 Mar. 3, 1875. entitled “An act authorizing the construction of a bridge across the Vol. 18, pt. 3, p. Mississippi River at Saint Louis, in the State of Missouri 511. * Be it enacted by the Senate and House of Representatives of *** the United States of America in Congress assembled, That the Saint Clair and Carondelet Bridge Company be, and the Saint Clair and same is hereby, authorized and empowered, in constructing ºf 1] 2 LAWS RELATING TO CONSTRUCTION OF BRIDGES the bridge authorized by the act of which this act is amend- atory, to erect over the main channel of said river two Spans, how to straight continuous spans of not less than four hundred ** and fifty feet each in the clear, of the pier, at low-water mark, the said two spans to be placed over the main chan- nel instead of “the two spans over the main channel of the river” required by the act of which this act is amendatory; provided, That any bridge built under the provisions of this act, or the act of which this act is amendatory, shall not be constructed of arch spans. SEC. 2. That if the said corporation accept the bridge site, numbered “2” on the plan and survey submitted to the Secretary of War, the Company shall be required to Cahokia Bend, close Cahokia Bend by a dam or similar work to hold the ... * * channel against the western bluffs above the bridge: And provided further, That after the said company shall have accepted the site and definitely planned the bridge with its Plan to be sub-piers, the plan shall be submitted to the Secretary of War mitted, &c, for his approval. And in maintaining and operating said Conditions, &c., bridge it shall be subject to all the conditions and restric- ** tions imposed by the act of which this is amendatory. Right of amend. SEC. 3. That Congress shall at all times have the right to ment, &c. amend or repeal this act. Approved, March 3, 1875. Mar. 3, 1875. CHAP. 203.−An Act to authorize the construction of a ponton wagon- vol. 18, pt. 3, p. bridge across the Mississippi River, at or near the city of of Dubuque, 522. in the State of Iowa. Be it enacted by the Senate and House of Representatives of . the United States of America in Congress assembled, That it shall be lawful for any person or persons, company or cor- poration, authorized by the laws of Iowa, Illinois, or Wis. Ponton wagon consin, to construct a pile and ponton Wagon-bridge across Kiº,*the Mississippi River at or near the city of Dubuque, in the ijubaqué, fowa. State of Iowa, so as to connect with the opposite shore of the said river, in either of the States of Wisconsin or Illinois; said bridge to be built subject, except as herein modified, to all the terms, requirements, and limitations contained in the act entitled “An act to legalize and establish a ponton railway bridge across the Mississippi River at Prairie du Chien, and to authorize the construction of a similar bridge NT × }) , s: * is, a.s.l. at or near Clinton, Iowa,” approved June sixth, eighteen Ante, 62. hundred and seventy-four, so far as they may be applicable * thereto. Construction of SEC. 2. That the bridge shall be constructed with a suit- bridge. able ponton-draw of not less than five hundred feet in width, located over the main channel of the river: Provided, That Plan to be sub-said bridge shall not be built or commenced until the plan mitted. and specifications for its construction have been submitted to the Secretary of War for his approval, nor until he shall approve the plan and location of said bridge; and if any changes in change be made in the plan of Construction of said bridge plan. at any time, such change shall be subject to the approval t of the Secretary of War; and any change in the construc- over NAVIGABLE waters of THE UNITED STATES. 113 tion, or any alteration of said bridge that may be directed at any time by Congress or the Secretary of War, shall be made at the cost and expense of the owners thereof. SEC. 3. That Congress may at any time alter, amend or Right of amend- repeal this act. ment, &c. Approved, March 3, 1875. CHAP. 169.—An Act to authorize the construction of a ponton-bridge July 6, 1876. across the Mississippi River from some feasible point in La Crosse Vol. 19, p. 76. County, in the State of Wisconsin, to some feasible point in Houston County, in the State of Minnesota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the city of La Crosse to construct a pile, Pile i. pºn: and ponton-bridge across the Mississippi River at some feasi-ść; ; ble point in La Crosse County in the State of Wisconsin, of La Crosse. so as to connect with the opposite shore of the said river, in the State of Minnesota; said bridge to be built subject, How to be built. except as herein modified, to all the terms, requirements, and limitations contained in the act entitled “An act to legalize and establish a ponton railway-bridge across the Mississippi River at Prairie du Chien, and to authorize the construction of a similar bridge at or near Clinton, Iowa.” approved June sixth, eighteen hundred and seventy-four, lºch;4. So far as they may be applicable thereto. 18 Stat., 62. SEC. 2. That the bridge shall be constructed with one suitable ponton-draw of not less than four hundred feet in width, located over the main channel of the river: Provided, ... Width of pon. That said bridge shall not be built or commenced until “"“” the plan and Specifications for its construction have been submitted to the Secretary of War for his approval, nor Approval of until he shall approve the plan and the location of said rºsecretary bridge; and if any change be made in the plan of construc- tion of Said bridge at any time, such change shall be subject to the approval of the Secretary of War; and any change changed in in the construction or any alteration of said bridge that * may be directed at any time by Congress or the Secretary of War shall be made at the cost and expense of the owners thereof: And provided further, That the right is hereby reserved to Congress to alter amend or repeal this act; and Right to alter, in case of the repeal of this act, the bridge shall be removed **ś, without expense to the United States, and if this act be without cost to amended any change or alteration required of the bridge"?” shall be without cost to the United States. Approved, July 6, 1876. CHAP. 172.-An Act authorizing the Nebraska City Bridge Company July 8, 1876. to construct a ponton railway-bridge across the Missouri River at Vol. 19, p. 76. Nebraska City in Otoe County, Nebraska. -----------sº Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it wººd' º shall be lawful for the Nebraska City Bridge Company, a W. bridge at Corporation having authority from the State of Nebraska Nebraska City. 1574 BR-8 114 LAWS RELATING TO CONSTRUCTION OF BRIDGES and from the State of Iowa, its successors and assigns, to build, maintain, and operate a ponton railway-transit and wagon-bridge across the Missouri River at Nebraska City, in the county of Otoe, and State of Nebraska; and said com- pany, its successors or assigns, shall keep up and maintain Width of raw, a Suitable ponton-draw of not less than three hundred feet alºning of in length ; and that said draw shall be opened promptly, t upon reasonable signal, for the passage of boats or rafts; but in no case shall unreasonable delay occur in the opening of said draw before or after the passage of trains; and the Company, corporation, or individuals having the charge or control of said bridge shall, for the security of navigation, maintain, from Sunset to sunrise, throughout the year, such Lights on lights on said bridge as may be required by the Light-House bridge. Board. Use of bridge SEC. 2. That all railway-companies desiring to use said §...” “ponton-bridge shall have, and be entitled to, equal rights and privileges in the use of the same, and in the use of the machinery and fixtures thereof, and of all 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 Right of way for agree; and the United States shall have the right of way £º."º for postal and telegraphic purposes across said bridge; and poses. º, no greater charge Shall be made for the transmission over Charge for mails & g tº a ºn a.iº.” the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the trans- portation over the railroads or public highways leading to Suits for ob. Said bridge; and in Case of any litigation arising from any * obstruction, or alleged obstruction, to the navigation of the said Missouri River, created by the construction of said Where triable, bridge under this act, the cause or question arising may be tried before the district or circuit court of the United States of any State wherein the obstruction exists. Amendment of SEC. 3. That the right to alter or amend this act so as to jº". "... prevent or remove all material obstructions to the naviga- y Tor (1am- +. e † * te º ages. tion of said Missouri River is hereby expressly reserved, without any liability to the Government for damages on account of the alteration or amendment of this act, or on account of the prevention or requiring the removal of any . Alterations sub-such obstructions; and if any change be made in the plan *** of construction of said ponton-bridge, such change shall be subject to the approval of the Secretary of War; and any Alterations, change in the construction or any alteration of said bridge **** that may be directed at any time by Congress or the Sec. retary of War shall be at the cost and expense of the own- Location. ers thereof. Said bridge shall be constructed, as near as may be practicable, upon the line heretofore surveyed and established by the Nebraska City Bridge Company. Regulations for SEC. 4. That any bridge authorized to be constructed ; * * under this act 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 Plans of con: to the Secretary of War, for his examination and approval, †"a design and drawings of the bridge, and a map of the loca. over NAVIGABLE WATERS OF THE UNITED STATES. 115 tion, 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 di- rection and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject ; and until the , Bridge not to said plan and location of the bridge are approved by the jº Pº" Secretary of War, the bridge shall not be built Approved, July 8, 1876. * *-- CHAP. 246.—An Act making appropriations for sundry civil expenses July 31, 1876. of the Government for the fiscal year ending June thirtieth, eighteen Vol. 19, p. 102. hundred and seventy-seven, and for other purposes. -**ssº- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, sº for the objects hereinafter expressed, for the fiscal year end-expenses. ing June thirtieth, eighteen hundred and seventy-seven, namely: * $ 36 - 3& # # ARMORIES AND ARSENAT.S. For care and preservation of the Rock Island bridge, nine, Rock Island thousand dollars. bridge. 3% $ $ :#; 36 Approved, July 31, 1878. CHAP., 279.-An Act for the relief of James W. Harvey and James Aug. 14, 1876. Livesey, of the firm of Harvey and Livesey, of Wisconsin. Vol. 19, p. 490. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the claim of James W. Harvey and James Livesey for alleged claim of Har. labor done and materials furnished under their contract ...; with the United States for the building of the masonry work of Claims. for the piers and abutments of the bridge across the Mis- sissippi River from Rock Island to Davenport, Iowa, bearing date June first eighteen hundred and sixty-nine, be, and the same is hereby, referred to the Court of Claims, for hearing and adjudication; and to that end jurisdiction is hereby conferred on said court to proceed in the adjustment of the accounts between said claimants and the United States, as a court of equity jurisdiction, and may, if according to the rules and principles of equity jurisprudence, in its judicial discretion reform said contract and render such judgment as justice and right between the claimants and the said Government may require. Approved, August 14, 1876. 116 LAWS RELATING TO CONSTRUCTION OF BRIDGES Augº lºº. CHAP. 303-An Act to authorize the construction of a bridge across Vol. 19, p. 205. the Missouri River at or near Sioux City Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it Biºd,º# shall be lawful for the Sioux City Bridge Company, a cor- may construct poration organized for that purpose under the general cor- §º."poration laws of the State of Iowa, or its assigns, to con- Struct, under and subject to the conditions and limitations her eafter provided, a bridge across the Missouri River at or near Sioux City, Iowa and lay on and over said bridge rail- Way tracks, for the more perfect connection of any and all railways that now are, or which may hereafter be, constructed to the Missouri River at or near Sioux City, or to the river on the opposite side of the same near Sioux City, and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot-passengers, and to keep up and main- Use of by rail tain and operate said bridge for the purposes aforesaid; and ways. that when said bridge is constructed all trains of all rail- roads terminating at said river, and on the opposite side thereof, at or near Sioux City, Iowa, shall be allowed to cross said bridge for reasonable compensation, to be made to the owners of the same, under the limitations and conditions hereinafter named. The owners of said bridge may also Tolls. charge and receive reasonable compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles Proviso. animals and foot-passengers: Provided, That Congress may at any time prescribe such rules, regulations and rates of toll for transit and transportation over said bridge as may be deemed proper and reasonable. How to be SEC. 2. That any bridge built under the provisions of this built. act may, at the option of the person or persons or corpora- tion building the same, be built as a draw-bridge, with a pivot or other form of draw, or with unbroken or continu- Proviso. ous spans: Provided, That if the same shall be made of un- broken continuous spans, it shall not be, in any case, of less elevation than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure, with straight girders, nor shall the spans of said bridge be less than three hundred feet in the clear at low-water mark; and the piers of said bridge shall be par- allel with the current of the river; and the main span shall Proviso. be over the main channel of the river: And provided also, That if a bridge shall be built under this act as a draw- bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an access- ible and navigable point and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central r pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hun- dred and fifty feet, and said spans shall not be less than ten feet above extreme high-water mark, measuring to the low- g est part of the superstructure of the bridg ; and the piers of said bridge shall be parallel with the current of the river: Proviso. And provided also, That said draw shall be opened promptly Proviso. upon reasonable signal, without unnecessary delay : And ovER NAVIGABLE WATERS OF THE UNITED STATES. 117 provided further, That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be Perm an ent necessary to accomplish said objects, but shall not impede.” ” ” or obstruct the navigation of said river, and shall be liable in damages for all injuries to private property; and all plans for such works or erections upon the banks of the river shall first be submitted to the Secretary of War for his approval: And provided further, That if said company shall elect to Proviso. construct a pile and pontoon bridge in lieu of that described above, the Secretary of War may, if he deem it advisable and not inconsistent with the free navigation of said river, authorize said company to construct such bridge as a pile or pontoon bridge, subject to the restrictions and require- ments relating to the construction thereof contained in the act entitled “An act to legalize and establish a pontoon bridge across the Mississippi River at Prairie du Chien’’ approved June sixth, eighteen hundred and seventy-four, ... 1874, ch, 224. accept that in the bridge herein authorized one draw only *** shall be required, which shall not be less than four hundred feet in width in the clear: And provided further, That any Proviso. bridge built under the provisions of this act shall be at right angles to the current of the river. SEC. 3. That no bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of Notto obstruct said river; and no bridge shall be commenced or built under” this act until the location thereof and the plans and speci- fications for its construction shall have been submitted to, and approved by, the Secretary of War; and any change ºpproval of in the plan of such construction or any alteration in the "ºrations. bridge after its construction shall be subject to the like approval; and whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby authorized to cause Such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made, and all such obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or alleged Litigation for obstruction to the free navigation of the Missouri River at ...” or near the Crossing of said bridge caused or alleged to be Caused thereby, the cause shall be commenced and tried in the district courts of either judicial district of Iowa or Nebraska in which the said bridge or any portion of such obstruction touches. SEC. 4. That any bridge built under this act and accord- ing to its limitations shall be a lawful structuré, and shall be recognized and known as a post-route, upon which also Declared alaw. no higher charge shall be made for transportation over the ºre and same of the mails, the troops, and munitions of war of the "dºes for United States than the rate per mile paid for their trans. ...is. portation over the railroads or public highways leading to . º such bridge. Such lights shall be kept upon said bridge as gº” 118 LAWS RELATING TO CONSTRUCTION OF BRIDGES the Light-House Board shall direct, and said bridge shall moreover be provided with all proper safeguards for the Security of person and property. Right to amend, SEC. 5. That Congress may at any time alter, amend, or repeal this act. Approved, August 15, 1876. Feb. 28, 1877. CHAP. 76.—An Act to authorize the Ocean City Bridge Company to Vol. 19, p. 265. maintain and operate a bridge heretofore erected over and across *-*º-º-º-mºm-º-º: Synepuxent Bay in Worcester County, Maryland. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bšč. City Ocean City Bridge Company, a corporation created by an jº'; act of the general assembly of the State of Maryland, passed bridge. at the January session thereof, in the year eighteen hundred and seventy-six, be, and it is hereby, authorized to main- tain and operate a bridge heretofore built across Synepuxent Bay, from Hommock Point to Ocean City in Worcester County in said State, with all the powers, rights, and fran- chises, and subject to all the conditions, duties, and obliga- tions, which are conferred and imposed upon said corpora- tion in and by the several provisions of the said act of incorporation. Changes or re. SEC. 2. If the bridge authorized by the preceding section, *** shall at any time, in the opinion of the Secretary of War, substantially or materially obstruct the free navigation of the Synepuxent Bay, the same shall under the direction of the Secretary and at the expense of the owner or owners, be so altered or changed as to obviate the obstruction, and if in the opinion of the Secretary, the removal of the bridge shall be necessary to secure the navigation of said bay, such bridge shall within sixty days after notice to that effect, be removed by the owner or owners at his or their expense. Approved, February 28, 1877. Mar. 3, 1877. CHAP. 105.—An Act making appropriations for sundry civil expenses Vol. 19, p. 344. Of the Government for the fiscal year ending June thirtieth, eighteen — hundred and seventy-eight, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the *º following sums be, and the same are hereby, appropriated, ej for the objects hereinafter expressed, for the fiscal year ending June thirtieth, eighteen hundred and seventy-eight, namely: :}; $ # :}; S& IMISCELLANEOUS OBJECTS. :}; :}; :}; $ :}; ºpiº, To protect the piers at the draw of the bridge agross the jºb.” Mississippi River at Rock Island Illinois owned by the over NAVIGABLE WATERS OF THE UNITED STATES. 119 United States, by the erection of booms, to be expended under the direction of the Secretary of War, fifteen thousand dollars, and the Chicago Rock Island and Pacific Railway Company is required to refund to the Treasury of the United States, one-half of the said sum, and the Secretary of the Treasury is hereby directed to enforce this condition. # #: 3& #: :; Approved, March 3, 1877. CHAP. 32.-An Act to authorize the construction of a bridge across Mar. 13, 1878. the Missouri River at or near Glasgow, Missouri. Vol. 20, p. 29. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any corporation existing, or which may be organized, under the Railroad and laws of the State of Missouri, be, and is hereby, authorized .#####". to construct and maintain a bridge, and approaches thereto, Glasgow, Mo. over the Missouri River, at or near Glasgow, in the county of Howard, in said State. Said bridge shall be constructed to provide for the passage of railway-trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers. SEC. 2. 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 also no Post-route; rate higher charge shall be made for the transmission over the º "* same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the trans- portation over the railroad 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. 3. That if said bridge shall be made with unbroken How to be con- and continuous spans, the spans thereof shall not beless than * three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark as understood at the point of location, and the bridge shall be at right angles to, and its piers parallel with, the current of the river: Provided, That if the same shall be constructed as a draw. bridge, the draw or pivot shall be over the main channel of the river at an accessible navigable point, and the spans Shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel With, and the bridge itself at right angles to, the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of Said bridge : Provided also, That said draw shall be Opened promptly, upon reasonable signal, for the passing Opening of of boats; and said company or corporation shall maintain *** * at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under 120 LAWS RELATING TO CONSTRUCTION OF BRIDGES Obstruction of navigation. Alterations. Jurisdiction of COurts. Existing laws. Tse of bridge. Regulations by Secretary of War. Map and draw. ingS. Approval. A men dra ent and repeal. the authority of this act which shall at any time substan- tially or materially obstruct the free navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navi. gation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. And in case of any litigation arising from any obstruction or alleged obstruc- tion 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 Mis- Souri, in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the pro- Visions of 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. 4. 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 railway-trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon 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. SEC. 5. That any bridge authorized to be constructed un- der this act 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 drawings of the bridge, and a map of the lo- cation, giving, for the Space of one mile above and one mile below the proposed location, the topography of the lanks of the river, the shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge, during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 13, 1878. OVER NAVIGABLE WATERS OF THE UNITED STATES. 121 CHAP, 62.—An Act to authorize the construction of a bridge abutment April 20, 1878 and approach within the Fort Riley military reservation. Vol. 20, p. 37. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to per- mit the county commissioners of Davis County, Kansas, in erecting a bridge across the Republican River, to construct §º. one abutment of the same upon land included within the ...; military reservation of Fort Riley, and also to permit the ºn" ºp. eastern approach to the same to be laid out across said Pºº". reservation: Provided, That such bridge and the highway leading thereto shall always be open to government trans- Use of by Gov- portation free of charge, and that such point shall be selected ** for the construction of said abutment and approach as shall be mutually agreed upon by said county commissioners and the Secretary of War. Approved April 20, 1878. CHAP. 359.-An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated for the objects hereinafter expressed for the fiscal year Appropriation. ending June thirtieth, eighteen hundred and seventy-nine, June 20, 1878. Vol. 20, p. 206. namely: #: #: :* :}; $ UNDER THE WAR DEPARTMENT. ARMORIES AND ARSENALS. :* # : ; 3& $ For care and preservation of the Rock Island Bridge, and Rock Island expense of maintaining and operating the draw, nine thou- * Sand dollars. For renewing the oak floors and a portion of the floor-joists of the said bridge, six thousand two hundred dollars. $ $é §§ $ $ MISCELLANEOUS OBJECTS, $ & $ S$ $ That the sum of sixty-five thousand dollars be, and the Same is hereby, appropriated, out of any money in the Treas- ury not otherwise appropriated, to aid in the construction and completion of a free wagon bridge, with stone abut. Free wagon ments, or stone and iron abutments, and iron superstructure, ść" Ort across the Mississippi River at or near Fort Snelling, be. tween the military reservation of the United States upon Which said fort is situated and a point nearly opposite said fort, in the county of Ramsey, Minnesota: Provided, That Proviso. Such bridge shall be constructed without the expenditure Cost. of any other or greater sum of money from the Treasury of the United States: Provided also, That the hight of said Height and bridge shall be at least sixty-eight feet above high-water * s 122 LAWS RELATING TO CONSTRUCTION OF BRIDGES mark, and that a span of at least two hundred feet in the clear be provided from the right or Fort Snelling bank of said river toward the left bank thereof: Provided further, Public high-That said bridge shall be and forever remain, a public high- way. way, free to the United States of America, and to all the people thereof. Approval of That the location of said bridge and the plans, specifica- plan, etc. tions, and estimates for the construction and completion thereof, shall be approved by the Secretary of War. And whenever the said bridge shall have been fully completed as hereinbefore provided, open to travel, and irrevocably dedicated as a public highway, free to the United States of America and all the people thereof, the Secretary of the tº when Treasury shall pay to the persons entitled to receive the o be made. tº & tº g same by reason of the construction of said bridge, or to the commissioners authorized to build said bridge, the said sum of sixty-five thousand dollars, which sum is hereby appropriated for said purpose: Provided, That said bridge, . How to be kept when constructed, shall be kept in good order and repair In Tepalr. by the county of Ramsey, Minnesota; and the United States shall never be liable to any expense in the maintenance or repair of said bridge. Authority to That the commissioners authorized to build said bridge ;:... under a special act of the legislature of Minnesota, entitled tion. “An Act to authorize and provide for the construction of a free bridge across the Mississippi River at or near Fort Snelling, and to lay out suitable roads and approaches thereto,” approved March second, eighteen hundred and seventy-six, and the acts amendatory thereof, and their successors, be, and they are hereby, authorized to abut said bridge upon the lands of the United States known as the Fort Snelling military reservation, and to construct and maintain an abutment thereon for said bridge, at such point as the Secretary of War shall approve, and to survey locate, open and maintain public roads or highways from said bridge; for which purpose a right of way not exceed- ing one hundred feet in width, from said bridge, across said military reservation, upon such line or lines as the Secrétary of War, shall direct or approve, is hereby given and granted to Said commissioners and their successors. $ $º: :* #: #: Approved, June 20, 1878. Mar. 3, 1879. CHAP, 181.—An Act making appropriations for the construction, Vol. 20, p. 363. repair, preservation, and completion of certain works on rivers and T harbors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, # # $ :* % Arkansas Riy. SEC. 4. It shall be lawful for the Arkansas River Trans- sº fer Railway Company, a corporation having authority under * the laws of the State of Arkansas to build a railway from some suitable point in the city of Little Rock across the Arkansas River to some suitable point in the town of Ar- over NAVIGABLE WATERS OF THE UNITED STATES. 123 genta all being in the county of Pulaski, in said State, to build a railway transit and wagon bridge across said river, , Maybridge Ar. and that when constructed all trains of all railways, termi. * * nating at the Arkansas River, at or near the location of said bridge, and all foot passengers, animals, and vehicles, shall be allowed to cross said bridge for a reasonable com- pensation, to be paid to the owners thereof; and in case of any litigation arising from any obstruction or alleged ob- struction to the free navigation of said river, the cause may be tried before the district court of the United States in . and for the eastern district of the State of Arkansas. SEC. 5. That any bridge built under the provisions of this Character of act may, at the option of the company building the same, * be built as a draw-bridge, with a pivot, or with unbroken or continuous spans: Provided, That if said bridge shall be Proviso. made with unbroken or continuous spans, it shall not be in any case of a less elevation than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the span over the main channel of the river be less than two hundred and fifty feet, nor shall there be a greater number of spans than four crossing the remaining width of said river, and the piers of said bridge shall all be parallel with the current of said river; And provided also, That if any bridge shall be Proviso. constructed under this act as a draw-bridge, the same shall be a pivot-draw over the main channel, with spans of not less than one hundred and sixty feet in the clear on each side of the center or pivot pier of said bridge, and that there shall not be a greater number of fixed spans than four crossing the remaining width of said river, and said bridge shall not be less than ten feet above high-water mark, as understood at the location of said bridge, measuring to the bottom chord of said bridge, and all the piers of said bridge shall be parallel with the current of said river: And pro- Proviso. wided also, That said draw shall be opened promptly, upon reasonable signal, for the passage of boats whose construc- tion shall not be such as to admit of their passage under Said bridge, except when a railroad train is passing over the same; but in no case shal! any unnecessary delay occur in Opening the draw after the passage of said train. SEC. 6. That any bridge constructed under this act and according to its provisions shall be a lawful structure, and shall be recognized and known as a post route, upon which Post-route. no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate paid for their transportation over the railroads or public highways leading to said bridge; and the United States shall have the right of way for postal- telegraph purposes across said bridge. SEC. 7. That said bridge shall not be built or commenced until the railway company aforesaid shall submit to the Secretary of War, for his approval, a plan with the neces- Approval of sary drawings of their bridge, conforming to the above” requirements, nor until he shall approve the plan and loca- tion of said bridge, and notify the company of the same in Writing. And should any change be made in the plan of 124 LAWS RELATING TO CONSTRUCTION | OF BRIDGES the bridge, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and the said structure shall be at all times So kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and said structure shall be changed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and con- venient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation or modification by law, whenever the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States. Right to amend, SEC. 8. That the right to alter or amend this act, so as to etc. prevent or remove all material obstructions to the naviga- tion of said river by the construction of said bridge, without expense to the United States, and, also to repeal this act, is hereby expressly reserved. : ; $ $ :}; :}; Approved, March 3, 1879. March 3, 1879. CHAP. lg2.—An Act making appropriations for sundry civil expenses Vol. 20, p. 377. of the government for the fiscal year ending June thirtieth, eighteen *======sºm, hundred and eighty, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Appropria-following sums be, and the same are hereby, appropriated "ºnary civil for the objects hereinafter expressed, for the fiscal year expenses. ending June thirtieth, eighteen hundred and eighty, namely: *: $ 3& $ - $ UNDER THE WAR DEPARTMENT. : ; S$ # Şk * ARMORIES AND ARSENALS. :#; 3% 3% 3% #: Rock Island For care and preservation of the Rock Island bridge, and Bridge. expense of maintaining and operating the draw, nine thou- sand dollars. :}; $ :}; #: $ Approved, March 3, 1879. June 20, 1879. [No. 11. Joint Resolution relating to a bridge across the Detroit River Wol. 21, p. 51. at or near Detroit, Michigan. Preamble. Whereas recent progress in the art has shown the prac- ticability of constructing bridges having spans of five hun- dred feet, or possibly more: Therefore 3. Bridge or tun- Resolved by the Senate and House of Representatives of the *** United States of America in Congress assembled, That the Secretary of War is hereby authorized and required to con- Board of Engi-vene a board of officers of the Corps of Engineers of the Il66RS, Army, whose duty it shall be to inquire into and report whether, for railroad purposes, the river Detroit can be . OVER NAVIGABLE WATERS OF THE UNITED STATES. 125 bridged or tunnelled, at the city of Detroit, or within one mile above or below said city, in such manner as to accom- modate the large trade and commerce crossing the river at that point, and without material or , undue injury to the navigation of said river; a good and sufficient tug being always kept by the bridge owners to assist any craft when required. Approved, June 20, 1879. CHAP. 50.-An Act to authorize the construction of a railroad bridge June 30, 1879, across the Wabash River. Vol. 21, p. 42. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Railway bridge Bloomfield Railroad Company, organized under the laws of: "**** the State of Indiana, and the Quincy, Payson and South- eastern Railroad Company, a corporation organized under the laws of the State of Illinois, or either of them, is bereby granted the right to construct an iron or wooden bridge, for railroad purposes, or for railroad and highway purposes, and as a public highway, either with a draw or continuous span, as it may determine, across the Wabash River, at any point said corporation may select, at or within six Iniles of the town of Merom, in Sullivan County, State of Indiana : Provided, That the bridge to be constructed under the au- thority hereby granted shall not interfere with the free navigation of said stream beyond what is necessary in order Navigation to carry into full effect the rights and privileges hereby * granted, and shall be huilt at right angles with the current of the stream where said bridge may be erected, and that a span of at least one hundred and seventy feet over the main channel of said stream shall be left between the piers of said structure: And provided further, That if said bridge shall be built with a draw of not less than one hundred feet Draw. in width, and said draw is kept in repair for the passage of boats at all times, the detention of passing said bridge shall not be construed as interfering with the navigation of the stream: And it is further provided, That said bridge shall be, and be considered, a legal structure, and shall be a post- Post-road. road for the transmission of the United States mails: And provided further, That in case said bridge is built with a continuous span, the bridge shall be built at such height as Height. not to interfere with the navigation of said river by steam- boats. SEC. 2. That any bridge authorized to be constructed Supervision of under this act 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 companies, corporation or corporations, or either of them, shall submit to the Secre- tary 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 pro- posed location, the topography of the banks of the river, the shore lines at high and low water, the direction and 126 LAWS RELATING TO CONSTRUCTION OF BRIDGES strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built. And the Secretary of War shall determine the proper length of the spans of said bridge, and the height thereof above high-water mark, and as to the plan of the bridge in all respects; and if it shall be found at any time that such bridge unnecessarily or ma- terially obstructs navigation, he shall require the necessary changes to be made therein, in the interest of such naviga- tion, at the expense of said company or companies; and Said company or companies shall maintain, at its or their Lights and sig- own expense, from sunset until sunrise, such lights or other mals. signals on said bridge as the Light-House Board shall pre- Scribe. Approved, June 30, 1879. Jan. 24, 1880. CHAP. lz.—An Act granting a right of way across Water Shops Pond Vol. 21, p. 61. in Springfield, Massachusetts, to the Springfield and New London — Railroad Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way by means of a bridge over and across the Water Shop Pond, so-called, belonging to the United States, in Springfield and Springfield, Massachusetts, is hereby granted to the Spring- #º field and New London Railroad Company, for railroad pur. poses; the same to be used and enjoyed by said company at the same point and in the same location and extent that a way is now used by said company by means of the bridge * heretofore constructed with the approval of the Secretary of Proviso. War: Provided, That whenever said right of way shall cease to be used for the purposes aforesaid the same shall revert Proviso. to the United States: And provided further, That the right to repeal, alter, or amend this act is reserved to Congress. Approved, January 24, 1880. pany. Right of way, June 9, 1880. CHAP. lo2.--An Act to authorize the Saint Paul and Chicago Short Vol. 21, p. 168. Line Railway Company to construct a bridge across Lake Saint Croix, — and to establish it as a post-road. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it ciºn: shall be lawful for the Saint Paul and Chicago Short Line Fº fº Railway Company, a corporation created and existing under gº tºº, and by virtue of the laws of the State of Wisconsin, to build across fake Št a bridge across the Lake Saint Croix from such point in Croix. township number twenty-six north, of range twenty west of • the fourth principal meridian, in the county of Pierce and State of Wisconsin, as may be hereafter selected by said railway company, to such point in the county of Washing- OVER NAVIGABLE WATERS OF THE UNITED STATES. 127 ton, in the State of Minnesota, as may hereafter be selected by said railway company, and to lay on or over said bridge, railway tracks for the more perfect connection of its railway tracks as they may hereafter be built to the points aforesaid on either side of said lake under the limitations and condi- tions herein: Provided, That said bridge shall not interfere with the free navigation of said lake beyond what is neces- sary in order to carry into effect the rights and privileges hereby granted, and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said lake, the cause shall be tried before the district court of the United States for the district of Minnesota or the western district of Wisconsin. SEC. 2. That any bridge built under the provisions of this act may, at the option of said railway company, be built as a draw-bridge with a pivot or other form of draw, or with unbroken or continuous spans: Provided, That if the said bridge shall be made with unbroken and continuous spans, it shall not be of less elevation in any case than fifty feet above extreme high-water mark as understood at the point of location to the bottom chord of the bridge; nor shall the span of said bridge be less than two hundred feet in length, and the piers of said bridge shall be parallel with the cur- rent of the lake, and the main span shall be over the main channel of the lake and not less than two hundred feet in length : And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge with a draw over the main channel of the lake at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in the clear at low-water surface on each side of the central or pivot pier of the draw ; and the next adjoin- ing spans to the draw shall be not less than one hundred Proviso. Proviso. Proviso. and forty feet, and said spans shall not be less than ten feet above extreme high-water mark, and not less than thirty feet above low-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the lake: And provided also, That said draw shall be open promptly, upon reasonable signal, for the passage of boats, and in no case shall unnecessary delay occur in opening said draw-bridge during or after the pas- Sage of trains. - SEC. 3. That any bridge constructed under the provisions of this act and according to its limitations shall be a lawful Proviso. structure, and shall be known and recognized as a post- Bridge to be route, upon which also 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 their transportation over the railroads or pub- lic highways ieading to the said bridge, and the United States shall have the right of way for postal telegraph pur- poses across said bridge. recognized as a post-route. SEC. 4. That all railway companies desiring to use said Railway, com. bridge shall have and be entitled to equal rights and privi- leges in the passage of the same and in the use of the ma- leges. chinery and fixtures thereof, and of all the approaches panies entitled to rights and privi- 128 LAWS RELATING TO CONSTRUCTION OF BRIDGES 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. º, Plans and spec. SEC. 5. That the plan and specifications with the neces- ifications. sary drawings of said bridge shall be sub initted to the Secretary of War for his a proval, and until he approves the plan and location of said bridge it shall not be built Or Com- menced, and should any change be made in the plan of said bridge during the progress of the work thereon such changes shall be subject to the approval of the Secretary of War; and all changes in the construction of said bridge that may be directed by Congress shall be made at the cost and ex- pense of the owners thereof. Reservations. SEC. 6. That the right to alter, amend or repeal this act as in the judgment of Congress the public good may require , and to compel the removal of any obstructions to navigation caused by said bridge at the expense of the persons or cor- porations taking the benefit of this act, is hereby reserved. Approved, June 9, 1880. June 14, 1880, CHAP. 211. –An Act anaking appropriations for the construction, re- Vol. 21, p. 180. pair, completion, and preservation of certain works on rivers and harbors, and for other purposes. - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums of money be, and are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be expended, under the direction of the Secretary of War, for the construction, repair, completion, and preservation of the public works hereinafter named : Rock Island For protecting Rock Island bridge by means of sheer- *ś, booms, one thousand dollars: Provided. Said sum shall not be expended until the Rock Island Railroad Company shall have contributed a like sum for said purpose. Approved, June 14, 1880. Dec. 23, 1880. CHAP. 10.—An Act to authorize the construction of a fixed bridge Vol. 21, p. 313. over the Saint Mary’s River and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Waycross and Florida Railway Company and the East IFlorida Railroad Company be, and they are hereby, author- sº sº ized to construct a fixed bridge with one span over the Saint River. Mary's River at the point selected by said companies for crossing said river with their railroad line, about one and one-half miles below Trader's Hill, in Charlton County, Georgia, and to make such bridge of such height as they may see fit: Provided, The height be sufficient to permit the passage of timber rafts under said bridge; and such proposed railroad crossing and bridge are hereby declared to be the head of navigation on the said Saint Mary’s River. Proviso. OVER NAVIGABLE WATERS OF THE UNITED STATES. 129 SEC. 2. That Congress reserves the right to alter or amend or repeal this act at any time and that if at any time the navigation of the said river shall in any way be obstructed or impaired by the said bridge the Secretary of War shall have authority and it shall be his duty to require the said companies to alter and change the said bridge at their own expense in such manner as may be proper to secure free and complete navigation without impediment, and if upon reasonable notice to said railroad companies to make such change or improvements they shall fail to do SO the Secretary of War shall have authority to make the same and all the rights conferred by this act shall be forfeited, and Congress shall have power to do any and all things necessary to secure the free navigation of the river. Approved, December 23, 1880. CHAP. 69,-An Act to apthorize the construction of a bridge across Feb. 23, 1881. the Potomac River at or near Georgetown in the District of Colum- Vol. 21, p. 328. bia, and for other purposes. *mº-º-º-º-º-º-º-º: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and Free bridge directed to cause to be constructed across the Potomac: * River at or near Georgetown in the District of Columbia, at such point as he may select, a substantial iron and Inasonry bridge, with approaches; and the sum of one hundred and Appropriation. forty thousand dollars be, and the same is hereby, appro- priated, out of any money in the Treasury not otherwise appropriated, for the construction of said bridge and ap- proaches, the same to be maintained as a free bridge for travel: Provided, That the said Secretary of War shall con- Proviso. struct a bridge upon such plan as shall cost no more than the amount herein appropriated, and which cost shall include the construction of a substantial bridge over the canal, and any and all approaches to the said iron bridge; and no part of this appropriation shall be paid out of the Treasury until contracts shall have been entered into with responsible Contracts. parties, and with good and sufficient Sureties to be approved . by the Secretary of War, for the construction and comple. tion of Said bridge, including the masonry, iron-work, and approaches, at a cost not to exceed one hundred and forty Cost. thousand dollars: And provided also, That a draw of suffi- Fºo. cient width to permit the free passage of vessels navigating “” that part of the Potomac River shall be constructed in said bridge, unless said bridge shall be constructed upon or by the side of, or up the river from, the present aqueduct and at the same or greater elevation above the water : And Proviso. provided also, That the sum which may be expended under this act shall be treated and regarded as a part of the gen- eral expenses of the District of Columbia, and the United States shall be credited with the amount which it may pay under this act for the erection of said bridge upon its fifty per centum of the expenses of the District of Columbia, as provided in the act of June eleventh, eighteen hundred and § §. #. 1574 BR-9 130 LAWS RELATING TO CONSTRUCTION OF BRIDGES Proviso. Location, etc, Advertisement. seventy-eight, entitled “An act providing a permanent form of government for the District of Columbia”: Provided fur- ther, That the Secretary of War shall, as soon as may be, fix and determine the location of said bridge, and cause a Survey of the river to be made at such place of location, determine the length, width, and height of said bridge, and the length of draw, if one is required, and thereupon adver- tise for plans and price for the construction of such bridge; such advertisement to be inserted in one or more daily newspapers published in Washington, District of Columbia, Něw York, Cleveland, Ohio, Detroit, Michigan, Philadelphia, Pennsylvania, and Chicago, Illinois, for the space of one Week. * SEC. 2. That for the purpose of establishing a free bridge, and in lieu of erecting the bridge provided, for in the preced- ing section, the Secretary of War may, in his discretion, Purchase of purchase the aqueduct bridge now crossing the Potomac. alsº bridge. TOV1SO, Proviso. ' Title. Proviso. Alexandria Ca- nal Company, rights of. Proviso, Biver at Georgetown: Provided, said bridge with all the appurtenances, rights and franchises connected there with including piers and real estate for abutments and approaches can be purchased for a sum not exceeding eighty-five thou- sand dollars; which sum or so much thereof as may be nec- essary may be paid out of the money appropriated by this act: Provided further, That a good and sufficient title thereto can be secured to the United States, to be approved by the Attorney-General of the United States. . It is further pro- oided That the Alexandria Canal Company or its present lessees shall have the right to maintain at their own cost and expense, a canal aqueduct of the same width and depth as the one now in use, and to attach it to or suspend it from . said bridge; and whenever a permanent bridge shall be erected upon said site, the same shall be of sufficient strength to sustain the weight of such canal aqueduct; but the con- struction attachment and maintenance of such aqueduct shall be such as the Secretary of War may determine and shall be without cost or liability to the United States or the District of Columbia. And it is further provided, That if upon the erection of such permanent bridge the said canal company or their present lessees shall neglect or refuse to Repairs. i.econstruct secure and attach the said aqueduct at their own expense, or if at any time for the space of six months, they shall fail to use such aqueduct for the purposes of a canal, or fail to keep the same in good condition and repair, or if at any time, they shall use the same for other than canal purposes, then all rights of Said canal company, its lessees or assigns in said bridge and property, shall cease and de- termine, and the said aqueduct, shall be detached and removed by the Secretary of War. SEC. 3. And the Secretary of War is further authorized, in his discretion, in the event of said purchase, to repair the wooden bridge now on said piers, and for that purpose is authorized to expend, of the moneys hereinbefore appro- priated, a sum not exceeding ten thousand dollars. Approved, February 23, 1881. over NAVIGABLE WATERS OF THE UNITED STATES. 131 CHAP. 133.−An Act making appropriations for sundry civil expenses March 3, 1881. of the government for the fiscal year ending June thirtieth, eighteen Vol. 21, p. 435. hundred and eighty-two, and for other purposes. *======s==== Be it enacted by the Senate and House of Representatives of . the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated Apprºpriations; for the objects hereinafter expressed, for the fiscal year ej Civil ending June thirtieth, eighteen hundred and eighty-two, namely: . - :}; # # : ; : ; |UNDER THE WAR DEPARTMENT. ARMORIES AND ARSENALS. : ; 3; 3: :: :: For care and preservation of the Rock Island Bridge, and Rock Island expense of maintaining and operating the draw, nine thou-"* sand dollars; for protecting piers of bridge by sheerbooms, six hundred dollars; in all, nine thousand six hundred dol- lars. ſº 3& # : ; 3: :* Approved, March 3, 1881. º CHAP.136.-An Act making appropriations for the construction, com- March 3, 1881. pletiola, repair, and preservation of certain works on rivers and har- Vol. 21, p. 468. bors, and for other purposes. * sº Be it enacted by the Senaté and House of Representatives of the United States of America in Congress assembled, * #: - # # :: # SEC. 2. That the joint resolution approved July twentieth, Appropriations. eighteen hundred and sixty-eight, authorizing the construc- 1868, Res.69. tion of the bridge over the Mississippi River “to connect §º. the island of Rock Island with the cities of Davenport and Bridge across Rock Island”, is hereby so amended as to require the º' Chicago, Rock Island and Pacific Railroad Company to ghiago. Rººk charge for any cars carrying freight other than those pass-àº, ing over its own road, and for its own cars when carrying Company. freight, for other roads, which it may carry across said bridge, a sum not exceeding three dollars for every loaded tº car, two-fifths of which sums shall be paid by said railroad & company into the Treasury of the United States each month; and the monthly returns thus made shall be in such form, and with such authentication, as the Secretary of War shall direct. $ * : * $ : ; #: Approved, March 3, 1881. CHAP, 51.—An Act to establish a railway bridge across the Missis- Mar. 28, 1882. sippi River extending from a point between Wabasha and Read’s Vol. 22, p. 34. Landing, in Minnesota, to a point below the mouth of the Chippewa River in Wisconsin. * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chippewa Valley and Superior Railway Company, its suc-, Chippewa Val: tº - te lev a º cessors and assigns, are hereby authorized and empowered lº & 132 LAWS RELATING TO CONSTRUCTION OF BRIDGES : pany authºrized to erect, establish, and maintain a railway bridge across the to construct rail- way bridge a cross Missis- sippi River. Mississippi River, extending from a point to be by them selected in the State of Minnesota, between Read's Landing and a point in the State of Minnesota opposite the foot of Crat's Island, about two miles below Wabasha, across the Said river to a point in the State of Wisconsin to be by them selected, below the mouth of the Chippewa River; that Said 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 Form of bridge. Proviso. Elevation. • Proviso. Draw. Proviso. Ponton bridge. Stat., 62. tº Proviso. of any litigation arising from any obstruction or alleged ob- struction to the free navigation of said river the cause may be tried before the District Court of the United States of any state in which any portion of said obstruction or bridge touches. $ SEU. 2. That any bridge built under the provisions of this act may, at the option of the Company building the same, be built as a draw-bridge, with a pivot or other form of draw, or with unbroken or continuous spans or as a pile or pontoon bridge, similar to John Lawler's railway pontoori bridge at Prairie du Chien, Wisconsin: Provided, That if the said bridge shall be made with unbroken and contin- uous spans, it shall not be of less elevation in any case than fifty feet above extreme high water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length: And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw- bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not Iess than one hundred and sixty feet in length in the clear an each side of the central or pivot pier of the draw, and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low water mark, and not less than ten feet above extreme high water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected: And provided further, That if said company shall elect to construct a pile or pontoon bridge the Secretary of War may, if he deem it advisable and not inconsistent with the free navigation of said river, author- ize said company to construct Sugh bridge as a pile or pon- toon bridge, subject to the restrictions and requirements relating to the construction thereof contained in an act enti- tled “An act to legalize and establish a pontoon bridge across the Mississippi River at Prairie du Chien,” approved June sixth, eighteen hundred and seventy-four, except that in the bridge herein authorized one draw only shall be re- quired, which shall not be less than three hundred and fifty feet in width in the clear: And provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats. ... " OVER NAVIGABLE WATERS OF THE UNITED STATES. 133 SEC. 3. That any bridge constructed under this act and Draws to be according to its limitations shall be a lawful structure, and ** shall be known and recognized as a post-route, and the * * same is heréby declared to be a post route, upon, which also Declared, a 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, or for passengers or freight passing over said bridge, than the rate per mile paid for their trans- Right of way portation over the railroads and public highways leading to jº"... the said bridge; and the United States shall have the right to United States. of way for a postal telegraph across said bridge. - SEC. 4. That all railway companies desiring to use said All railway bridge shall have and be entitled to equal rights and privi º". "...? leges in the passage of of the same, and in the use of the bridge. " machinery and fixtures thereof and of all 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. tº SEC. 5. That the structure herein authorized shall be built Built and lo- and located under and subject to such regulations for the ºt."; security of navigation of said river as the Secretary of War ºre. 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 drawings 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 cur- rent at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the process of construction such change Change in plan shall be subject to the approval of the Secretary of War. ...; And the said structure shall be at all times So kept and proval of Secre- managed as to offer reasonable and proper means for the **** passage of vessels through or under said structure; and to secure the safe passage of vessels at night there shall be displayed on said bridge from the hour of sunset to that of sunrise, such lights as may be prescribed by the Secretary Lights. of War; and the said structure shall be changed, at the cost and expense of the owners thereof, from time to time, as . Free naviga- Congress may direct, so as to preserve the free and con-jº" Pº venient navigation of said river; and the authority to erect ..and continue said bridge shall be subject to revocation and modification by law, whenever the public good shall in the judgment of Congress so require, without any expense or charge to the United States. SEG. 6. That the right to alter, amend, or repeal this act Act may be is hereby expressly reserved. amended, etc. SEC. 7. That this act shall take effect and be in force from and after its passage. Approved, March 28, 1882. 134 LAWS RELATING TO CONSTRUCTION OF BRIDGES April 1, 1882. CHAP. 60.—An Act authorizing the construction of a bridge over Wol. 22, p. 38. the Missouri River, at or near Arrow Rock, Missouri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it * Hannibal and shall be lawful for the Hannibal and Southwestern Railway §ºº." Company, a corporation duly and legally incorporated under Railway Com- & N º gº tº pany to con- and by yirtue of the laws of the State of Missouri, its as- sºft signs or successors to construct and maintain a bridge, and i. i. Arrow approaches thereto, over the Missouri River at or near Ar- y --~~~~ row Rock, in the county of Saline, in said State. Said bridge . shall be constructed to provide for the passage of railway trains, and, at the option of the persons by whom it may be built, may be used for the passage of wagons and Vehicles of all kinds, for the transit of animals, and for foot passen- gers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. Shall be a post. SEC. 2.-That any bridge built under this act, and Sub- #...”.ject to its limitations, shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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, or passengers or freight passing over said bridge, than the rate per mile paid for the transporta- tion over the railroad 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. 3.−That if said bridge shall be made with unbroken Spans. and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The low- est part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right an- gles to, and its piers parallel with, the current of the river: Proviso. Provided, That if the same shall be constructed as a draw- Draw. bridge, the draw or pivot pier shall be at or near that shore nearest the channel of the river where in the opinion of the Secretary of War, the passage through the draw at that point can be consistently maintained ; if not so constructed then the draw pier to be in the main channel, and the open- ing or passage way to be so protected that water craft can be worked through it by lines, when not safe to pass other- . wise; and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high water mark, as under- stood at the point of location, to the lowest part of the Proviso. superstructure of said bridge: Provided also, That said draw: shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall . . . . maintain, at its own expense, from sunset till Sunrise, such Lights. lights or other signals on said bridge, as the Light House Board shall prescribe. No bridge shall be erected or main- tained under the authority of this act which shall at any over NAVIGABLE WATERS OF THE UNITED STATES. 135 time substantially or materially obstruct the free navigation ...Free naviga. of said river; and if any bridge erected under such author.” ity shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effect- ually obviate such obstruction; and all such alterations shall be made, and all such obstructions be removed at the expense of the owner or owners of said bridge. And in case of any litigation arising from any obstruction or al- leged 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 Missouri in which any portion of said obstruction or bridge may be located: Provided further, That nothing Proviso. in this act 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 this bridge from the operation of the same. SEC. 4.—That all railroad companies desiring the use of Railway.com. said bridge shall have and be entitled to equal rights and ºf privileges relative to the passage of railway trains over the privileges. same and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and con- ditions to which each shall éonform in using said bridge, all matters at issue between them shall be decided by the Sec- retary of War, upon a hearing of the allegations and proofs of the parties. - SEC. 5.—That any bridge authorized to be constructed ... Plan º loca- under this act shall be built and located under and subject:...º.º. to such regulations for the security of navigation of said tary of War. 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 drawings of the bridge, and a map of the loca- tion, 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 how water, the di- rection and strength of the current at all stages, and the Soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish Such other information as may be required for a full and sat- isfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secre- tary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the prog- ress of construction, such change shall be subject to the approval of the Secretary of War. . SEC. 6.—That the right to alter, amend or repeal this act is hereby expressly reserved. Approved, April 1, 1882. º 136 LAWS. RELATING TO CONSTRUCTION OF BRIDGEs April 14, 1882. CHAP. 79.-An Act to authorize the construction of a bridge across Wol. 22. p. 44. the Missouri River at the most accessible point within five miles T above the city of Saint Charles, Missouri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Hàº;d Saint Louis Hannibal and Keokuk Railroad Company, a cor- #eokºkičairo.iporation organized under the laws of the State of Missouri, .* ... be, and is hereby, authorized to construct and maintain a ge te * tº tº aver Missouri bridge and approaches thereto over the Missouri River at River. the most accessible point within five miles above the city of Saint Charles, in the county of Saint Charles and State of Missouri. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the Corporation by which it may be built, may be used for the - & passage of wagons and vehicles of all kinds, for the transit Toll, how rated of animals, and for foot-passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. * * a;”. . . SEC. 2. That any bridge built under this act and subject TUIP6, to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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, or for passengers and freight passing Over said bridge, than the rate per mile paid for the trans- portation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privi- leges of other post-roads in the United States. Spans. SEC. 3. That if said bridge shall be made with unbroken t and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main Span shall be over the main channel of the river. The low- est part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles Proviso. to, and its piers parallel with, the current of the river: Pro- Draw. wided, That if the same shall be constructed as a draw- bridge the draw or pivot shall be over the main channel Of the river at an accessible point, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said Proviso. bridge: Provided also, That said draw shall be opened promptly by said company upon reasonable signal, for the passage of boats; and said company or corporation shall maintain, at its own expense, from Sunset till sunrise, such Lights. lights or other signals on said bridge as the Light-House. Board shall prescribe. No bridge shall be erected Qr main- tained under the authority of this act which shall at any tº: time substantially or materially obstruct the free naviga- 3. * “tion of said river, and if any bridge erected under such authority shall, in the opinion of the Secretary of War, ob- struct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will ovKR NAVIGABLE watERS OF THE UNITED STATES. 137 effectually obviate such obstruction; and all such altera- tions shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. And in case of any litigation arising 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 Missouri in which any portion of said ob- struction or bridge may be located: Provided further, That Proviso. nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in refer- ence to the protection of the navigation of rivers, or to ex- empt this bridge from the operation of the same. SEC. 4. That all railroad companies desiring the use of All railroad said bridge shall have and be entitled to equal rights and $º privileges relative to the passage of railway trains or cars rights. over the same, and over the approaches thereto, upon pay- ment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and ...Secretary of upon rules and conditions to which each shall conform in Yº..." ii. 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: Provided, That the provisions of section two in regard to charges for passen- gers and freight across said bridge shall not govern the Sec- retary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. SEC. 5. That any bridge authorized to be constructed Design and under this act shall be built and located under and subject;... s. to such regulations for the security of navigation of said tary of War for 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 drawings of the bridge, and a map of the loca- ... Plan and loca. tion, giving, for the space of one mile above and one mile;..º.º. below the proposed location, the topography of the banks tary of War, of the river, the shore-lines at high and low water, the direc- tion and strength of the currents at all stages, and the sound- ings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 Wa” the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of con- struction, such change shall be subject to the approval of the Secretary of War. ‘. * SEC. 6. That the right to alter, amend, or repeal this act Right to alter is hereby expressly reserved. And the right to require any sº changes in said structure or its entire removal at the ex-reserved. pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. Approved, April 14, 1882. 138 LAWS RELATING TO CONSTRUCTION OF BRIDGES April 26, 1882. CHAP. llO.—An Act to authorize the construction of a bridge across Vol.22, p. 50. the Mississippi River at or near Keithsburg in the State of Illinois and to establish it as a post-road. Be it enacted by the Senate and House of Representatives of tº the United States of America in Congress assembled, That it any, or Keiºns. Shall be lawful for the Mercer County Bridge Company, a §ºp *::::: Corporation duly created and organized under the laws of both, authorized the State of Illinois, or the Keithsburg Bridge Company, a #":::::: Corporation duly created and organized under the laws of lºsissippi the State of Iowa, or both of them, or either or both of their l"WOI’. te * g sº º Successors or assigns, to build a bridge across the Missis- Sippi River at such point on said river at or near Keiths- burg, in the State of Illinois, as may accommodate the Chicago, Burlington and Pacific Railroad Company, or the Central Iowa Railway Company, and their connections, on the West side of said river, and the Peoria and Farmington Railroad Company, on the east side of said river, and to lay On or Over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to the said river, on either or both Sides thereof, at or opposite said point, under the limitations and conditions hereinafter provided; that said bridge shall Free naviga, 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 or alleged 'obstruction to the free navigation of said river, the cause may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. Draw. SEC. 2. That any bridge built under the provisions of this act may, at the option the company building the same, be * built as a drawbridge, with a pivot or other form of draw, Provisos. or with unbroken or continuous spans: Provided, That if the said bridge shall be made with unbroken and continuous Spans, it shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and not less than . three hundred feet in length: And provided also, That if any bridge built under this act shall be constructed as a draw- bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an ac- cessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low-water mark and not less than ten feet above extreme high-water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected: And provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats. * - ... " ovKR NAVIGABLE WATERS OF THE UNITED STATES. 139 SEC. 3. That any bridge constructed under this act and Post-route, and according to its limitations shall be a lawful structure, and ...” ” shall be known and recognized as a post-route, and the Šame is hereby declared to be a post-route, upon which also 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, or for passengers or freight passing Over said bridge, than the rate per mile paid for their transpor- tation over the railroads and public highways leading to - the said bridge; and the United States shall have the right º' tele- of way for postal telegraph purposes across said bridge. - SEC. 4. That all railway companies desiring to use said cº": bridge shall have and be entitled to equal rights and priv- corded equal ileges in the passage of the same, and in the use of the ma- * chinery and fixtures thereof, and of all 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. e SEC. 5. That the structure herein authorized 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 drawings of the .#"tº,d bridge, and a map of the location, giving for the space of ºitº's. one mile above and one mile below the proposed location retary of War. the topography of the banks of the river, the shore-lines at high and low-water, the direction and strength of the cur- rents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the sub- ject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be a jail.º.º. built; and should any change be made in the plan of said ºve" tº sº: bridge during the progress of construction, such changeietary of War. shall be subject to the approval of the Secretary of War; and the said structure shall be at all times so kept and man- aged as to offer reasonable and proper means for the passage of vessels through or under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours of sunset to sunrise, such lights as shall be prescribed by the Secretary of War; and Lights. the said structure shall be changed or removed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and conven- ient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law whenever the public good shall, in the judgment of Congress, so require, without any expense or Charge to the United States. SEC. 6. That the right to alter, amend, or repeal this act .*.*. is hereby expressly reserved. jºi. SEC. 7. That this act shall take effect and be in force from and after its passage. Approved, April 26, 1882. 140 LAWS RELATING TO CONSTRUCTION OF BRIDGES June 27, 1882. CHAP. 240.-An Act authorizing the Texas and Saint Louis Railway Vol. 22, p. 109. Company to build certain bridges in the State of Arkansas. Be it enacted by the Senate and House of Representatives of ..º.º. the United States of America in Congress assembled, That the bebuilt by Texas Texas and Saint Louis Railway Company, in Missouri and tº: º Arkansas, a corporation duly and legally organized and pany over— existing under and by virtue of the laws of the States of Missouri and Arkansas, its successors or assigns, be, and is hereby, authorized to construct and maintain a bridge, and White, River, approaches thereto, over the White River, in Monroe ** County, in the State of Arkansas, near the city of Claren. don, at the point where said company’s line of railway as now projected crosses said river; and also a bridge, and Arkansas Riv. approaches thereto, over the Arkansas River, in Jefferson gºerson County, in said State of Arkansas, near the city of Pine Bluff, at the point where said company’s line of railway as now projected crosses said river; and also a bridge, aud ap- Saline River, proaches thereto, over the Saline River, in the State of Arkansas, at the point where said company’s line of railway iº as now projected crosses said river; and also a bridge, and Quachita River, approaches thereto, over the Ouachita River, in the county and of Ouachita, in the State of Arkansas, at the point where said company’s line of railway as now projected crosses said river; and also a bridge, and approaches thereto, over the Red River. Red River, in La Fayette County, in the State of Arkansas, at the point where said company’s line of railway as now projected crosses said river. Said bridges shall be con- structed to provide for the passage of railway trains, and, at the option of said company by which it may be built, may be used for the passage of wagons and Vehicles of all kinds, for the transit of animals, and for foot-passengers for such reasonable rates of toll as may be prescribed by Said company subject to the revision and regulation of the Secretary of War. - - • ...Form and con- SEC. 2. That if the said bridges, or either of them, over struction. the said White and Arkansas Rivers shall be made with unbroken and continuous spans, there shall be at least one span of a height of not less than eighty feet above, low water or fifty feet above highest water, measured to the lowest part of the superstructure of said bridge, and said span shall have a clear opening of at least three hundred feet between the piers, measured at right angles to the current at every stage, and shall be over that portion of the river or rivers used by boats during ordinary stages of water; and the bridge or bridges shall be at right angles to and the piers parallel with the current of the river. And if the said bridges, or either of them, over the said White and Arkan- \ sas Rivers shall be constructed as draw-bridges, the draw or pivot shall be over the main channel of the river at an accessible navigable point, and the opening on each side of the pivot-pier shall be not less than one hundred and sixty feet in the clear, and, as nearly as practicable, both of said Channels and openings shall be accessible at all stages of water, and the tº spans shall be not less than ten feet above extreme high served. water, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the piers and over NAVIGABLE WATERS OF THE UNITED STATES. 141 draw-rests shall be parallel with, and the bridge itself at right angles to, the current of the river or rivers at that stage of the river which is most important for navigation ; and no riprap or other outside protection for imperfect foun- dations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or oth- erwise to encroach upon the channel-ways provided for in this act. And if the said bridges, or either of them, Over the said Saline, Ouachita, and Red Rivers shall be made with unbroken and continuous spans, there shall be at least one span of a height of not less than eighty feet above low water or fifty feet above highest water, as understood at the point of location, measured to the lowest part of the super- structure of said bridge, and said span shall have a clear opening of at least two hundred feet between the piers, measured at right angles to the current, and shall be over the main channel of the river, and the bridge or bridges shall be at right angles to, and the piers parallel with, the current of the river. And if the bridges, or either of them, over the said Saline, Ouachita, and Red Rivers shall be con- structed as draw or pivot bridges, the draw or pivot pier shall be over the main channel of the river at an accessible navigable point, and the openings on each side of the pivot pier shall be not less than one hundred and thirty feet in the clear, unless otherwise expressly directed by the Secretary of War, and if so directed shall be according to such direc- tion, and, as nearly as practicable, the said openings shall be accessible at all stages of Water, and the spans shall be not less thani ten feet above extreme bigh water, as under- stood at the point of location, to the lowest part of the su- perstructure of the bridge, and the piers and draw rests Draw. shall be parallel with, and the bridge or bridges, at right angles to, the current of the river or rivers; and no riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the sur- face of the water at its extreme low stage, or otherwise to encroach upon the channel-ways provided for in this act ; and all and each of said draws shall be opened promptly upon reasonable signal for the passing of boats; and said company shall maintain at its own expense, from sunset till Sunrise, such lights or other signals on said bridges as the Lights. Light-Hourse Board may prescribe. SEC. 3. That any bridge built under this act, and subject Bridges to be to its limitations, shall be a lawful structure, and shall be * recognized and known as a post-route, upon which also 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 trans- portation over the railroad 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. 4. That no bridge shall be erected or maintained un- Free navigation der the authority of this act which shall at any time sub- *** stantially or materially obstruct the free navigation of said . rivers; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct, such navigation, he is hereby authorized to cause such change or 142 LAWS RELATING TO CONSTRUCTION OF BRIDGEs alteration of said bridge or bridges to be made as will effect- ually obviate such obstruction; and all such alterations Shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. And in case of any litigation arising 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 Arkansas in which any portion of said obstruction or bridge may be located: Provided, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navi- gation of rivers, or to exempt said bridges from the opera- tion of the same. * Right of rail. SEC. 5. That all railroad companies desiring the use of ; :... said bridge, or any of them, shall have and be entitled to ed. equal rights and privileges relative to the passage of railway • *, trains over the same, and over the approaches thereto, upon Toll. payment of a reasonable compensation for such use; and in case the owner or owners of said bridge or bridges and the several railroad companies, or any one of them desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge or bridges, all matters at issue between them shall be decided by the Sécretary of War, upon a hear- ing of the allegations and proofs of the parties. $ - SEC. 6. That all bridges or any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of naviga- dº.” lººtion of said river or rivers as the Secretary of War shall j ºsé, prescribe; and to Secure that object the said company or, ºf War for corporation shall submit to the Secretary of War, for his approval. * s tº e § tº e examination and approval, a design and drawings of said bridges, and each of them, and a map of the location, giv- ing, 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 currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 or bridges are approved by the Sec- retary of War the bridge or bridges shall not be built; and should any change be made in the plan of said bridges, or either of them, during the progress of construction, such change shall be subject to the approval of the Secretary of War. And the said structure shall be changed at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and conveni- ent navigation of said rivers; and the authority to erect and continue any and all of said bridges shall be subject to rev- ocation by law whenever the public good shall, in the judg- ment of Congress, so require. * SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, June 27, 1882. OVER NAVIGABLE WATERS OF THE UNITED STATES. 143 CHAP. 242. –An Act authorizing the Sioux City and Pacific Railroad June 27, 1882. Company to construct and maintain a Railroad Bridge over the Mis- Vol. 22, p. 112. Souri River. •=-º-º-º-º-º-º: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Sioux City and Sioux City and Pacific Railroad Company, a corporation; existing under the laws of the State of Iowa, or its assigns, bridge ºver the are hereby authorized, for the purpose of making a more ** perfect connection for its line over the Missouri River, to construct and maintain a railroad bridge across said river at the most suitable and convenient point within ten miles of the present crossing, between the County of Washing- ton in the State of Nebraska, and the County of Harrison in the State of Iowa. SEC. 2–That said bridge shall be constructed and built without material interference with the security and conve nience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure a compliance with these conditions the corporation, previous to commencing the construction of the bridge, or of the accessory works designed to secure the best practical channel-way for navigation and confine the flow of the water to a permanent channel at said point, shall submit to the Secretary of War a plan of the bridge Plan, etc., to be. and of such accessory works, together with a detailed map;"º" of the river at the proposed site of the bridge and for a distance of a mile above and below the site, together with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secre- tary of War to determine whether the said bridge, when ..built, will conform to the prescribed conditions of this act; that said bridge shall be constructed and built without ma- terial interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted, Provided, That if the said bridge shall be made with un- Proviso. broken and continuous spans, it shall not be of less eleva-at...” “” tion in any case than fifty feet above extreme high water mark, as understood at the point of location, to the bottom Chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length : And provided also, That if any bridge built under Proviso. this act shall be constructed as a draw-bridge, the same Draw. , shall be constructed as a pivot-draw-bridge, with a draw Over the main channel of the river at an accessible and nav- igable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the cen- tral or pivot pier of the draw, and the next adjoining span Or Spans to the draw shall not be less than two hundred and fifty feet. Provided, also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, Such lights or other sig- 144 LAWS RELATING TO CONSTRUCTION OF BRIDGES Lights. nals on said bridge, as the Light House Board shall pre- £ºn scribe. Provided, also, That all railway companies desiring roºts to use said bridge shall have and be entitled to equal rights lººp" and privileges in the passage of the same, and in the use of ſº the machinery and fixtures thereof and of all 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. t SEC. 3.—That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such lo- cality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the ap- Approval of proved plan aud location; but until the Secretary of War Secretary of War approve the plan and location of said bridge and accessory works, and notify the company of the same, the bridge shall not be built; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War. SEC. 4.—That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; Made a post- and said bridge shall be recognized aud known as a post- route. route, upon which also 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 railroads or public highways leading to said bridge; and said bridge shall en- joy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge. Authorized, o SEC. 5.—That said corporation may execute a mortgage execute m or t- * : e e gage and issue upon the bridge, its approaches and appurtenances, includ- bonds. ing said accessory works, and issue bonds secured by the same, bearing such rate of interest, and payable, principal and interest, as such corporation shall determine; and such mortgage shall constitute the first lien upon the said bridge and other property in said mortgage mentioned and de- scribed. Right, ºf Way SEC. 6.—That the United States shall have the right-of- for postal tele- ſº * graph reserved to way for postal telegraph across said bridge. º "...ºr SEC. 7.—That the Sioux City and Pacific Railroad Com- assignment of pany may assign all the rights, privileges, and franchises rights, etc. conferred by and contained in this act, if said company shall deem said assignment expedient and for its best interests: Proviso. Provided, however, That said bridge, if built by the assigns of said company, shall be constructed and maintained in all respects on the terms and subject to the conditions, limita- tions, and restrictions herein contained, reserving the right to Congress to amend, alter, or repeal this act. Approved, June 27, 1882. over NAVIGABLE WATERS OF THE UNITED STATES. 145 CHAP. 244.—An Act to authorize the Southern Maryland Railroad June 27, 1882. Company to extend a railroad into and within the District of Vol 22, p. 114. Columbia. -ms-s-s-s-m-m-m-m-m-º-º-º: Whereas, It is represented to this present Congress that, Southern Mary; the Southern Maryland Railroad Company, organized under;": the provisions of the act of the general assembly of the State :*::::::, ; of Maryland, entitled, “An act to incorporate the Southern tº gº Maryland Railroad Company,” approved March twentieth, "...m. eighteen hundred and sixty-eight, desire to extend their & railroad into and within the District of Columbia: There- fore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Southern Maryland Railroad Company shall be, and they Description of are hereby authorized and empowered to extend their rail “”. road into and within the District of Columbia, by and over the route or routes and from and to the terminal point or points following, that is to say: Entering the said District near its northeastern angle and proceeding thence in a northwestwardly direction * * * and across the eastern branch of the Potomac River about one thousand feet above and north of Benning’s Bridge, and running thence south- Ward * & :*: 3: #: #: # #: SEC. 4. That unless the said company shall commence the To commence construction of said railroad within one year, and shall com-...". jº. plete the same, with at least one set of tracks, within two º: years from the passage of this act, then this act and all: * * * rights and privileges hereby granted shall cease and deter- miné. Approved, June 27, 1882. CHAP. 266.-An Act to authorize the construction of a bridge across July 3, 1882. the Arkansas River at the town of Van Buren, Crawford County, Ar- Vol.22, p. 144. kansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Saint Louis and San Francisco Railway Company a corpora- Saint Louis and tion organized under the laws of the State of Missouri, be, jº and is hereby, authorized to construct or cause to be con-pany to construct structed, and maintain, a bridge and approaches theretoº: over the Arkansas River at the town of Van Buren, Craw- Van Buren, Ark. ford County, Arkansas. Said bridge shall be constructed to provide for the passage of railway trains, and at the op- tion of the corporation by which it may be built may be used for the passage of wagons and vehicles of all kinds, Passage of rail- for the transit of animals, and for foot-passengers, for such "º", * reasonable rates of tolls as may be approved from time to time by the Secretary of War as to railway trains, and as to Wagons, vehicles, animals, and foot-passengers such rates as may be provided by the laws of Arkansas. SEC. 2. That any bridge built under this act is subject to its limitations, shall be a lawful structure, and shall be Declared, a recognized and known as a post-route, upon which also notº: 1574 BR-10 146 LAWS RELATING TO CONSTRUCTION OF BRIDGES 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, or for passengers or freight passing over Said bridge than the rate per mile paid for the transporta- tion over the 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. Draw. SEC. 3. That said bridge shall be constructed with a dra W. Or pivot span, which shall be over the main channel of the river at an accessible navigable point, and the open- ings on each side of the pivot pier, shall be not less than one hundred and sixty feet in the clear, and as nearly as practicable both of said openings be accessible at all Spans. stages of the water; that the spans shall not be less than ten feet above extreme high water mark as understood at the point of location, to the lowest part of the superstruct- I’iers. ure of said bridge; that the piers and draw rests of said bridge shall be built parallel with the currents at that stage of the river which is most important for navigation, and that no rip-rap or other outside protection for imperfect foundations be permitted to approach nearer than four feet to the surface of the water at its extreme low stage or other- Wise to encroach upon the channel ways provided for in this Proviso. act: Provided, That said draw shall be opened promptly by Said company, upon reasonable signal, for the passage of boats; and said company or corporation shall maintain at Lights. its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall pre- scribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially Free naviga- or materially obstruct the free navigation of said river; and i.” if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made, and all such obstructions be removed, at the expense of the owner or owners of said bridge. And in case of any litigation arising 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 Arkansas in which any Proviso. portion of said obstruction or bridge may be located : Pro- vided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now ex- isting in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the SæIſle. Railroad com: SEC. 4. That all railroad companies desiring, the use of ãº: said bridge, shall have and be entitled to equal rights and gº privileges relative to the passage of railway trains over the . . . same, and over the approaches thereto, upon payment of a .*.*... reasonable compensation for such use, and in case the owner panies to agree. tº e tº or owners of said bridge, and the several rail-road compa- nies, or any of them, desiring such use, shall fail to agree upon the sum, or sums to be paid, and upon rules and con- over NAVIGABLE WATERS OF THE UNITED STATES. 147 ditions, 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, Provided, That the provisions of sec- Proviso. tion two in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum, or sums to be paid to the owners of said bridge, by said companies for the use of said bridge. SEC. 5. That any bridge authorized to be constructed secretary of under this act shall be built and located under and subject º to such regulations for the security of Inavigation of Said preserving free river as the Secretary of Warshall prescribe; and to secure"; loca. that object the said company or corporation shall submit to tion £ºs.: the Secretary of War, for his examination and approval, a tºº" design and drawings of the bridge and a map of the loca- tion, 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 direc- tion and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 Secre- tary of War the bridge shall not be built or commenced; and should any change be made in the plan of said bridge during the progress of construction such change shall be subject to the approval of the Secretary of War. SEC. 6. That whenever the Secretary of War shall have Penalty for ob- good reason to believe that the bridge hereby authorized ...”.” to be constructed is an obstruction to the free navigation of such waters, by reason of difficulty in passing the draw- opening of Said bridge, by rafts, steamboats, or other Water- craft, it shall be the duty of the said Secretary, on satis- factory proof thereof, to require the company or persons owning said bridge to cause such aids to the passage of said draw-opening to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guid- ing of said rafts, steamboats, and other water-craft safely through said opening as shall be specified in his order in that behalf; and on failure of the company or persons afore- said to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer the matter without delay to the At- torney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in the district court of the United States in which said bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceed- ings shall be covered into the Treasury of the United States. - SEC. 7. That the right to alter, amend, or repeal this act Specified rights is hereby expressly reserved, and the right to require any jº" changes in said structure or its entire removal, at the ex- 148 LAWS RELATING TO CONSTRUCTION OF BRIDGES pense of the owners thereof, whenever Congress shall de- Cide that the public interest requires it, is also expressly re- Served. Approved, July 3, 1882. July 3, 1882. CHAP. 267-An Act to authorize the Rock Island and Southwestern Vol. 22, p. 146. Railway Company to construct a bridge over the Mississippi River - at New Boston, State of Illinois. Be it enacted by the Senate and House of Representatives of *...*.* the United States of America in Congress assembled, That it * sº ... shall be lawful for the Rock Island and Southwestern Rail- gº.º. way Company, a corporation organized under the general .*Missiºn incorporation laws of the State of Illinois, its successors #. # * and assigns, to construct, under and subject to the condi- oston, Ill. e 3, . e * wº * tions and limitations hereinafter provided, a bridge across the Mississippi River at or uear the city of New Boston, and lay on and over said bridge a railway track or tracks, for the more perfect connection of its road to be constructed, and such other roads as may now be or hereafter may be constructed to said river from its east and west banks, and to build and lay on and over said bridge ways for wagons and vehicles of all kinds, and for the transit of passengers Rates of toll. On foot, and also of live stock for such reasonable rates of toll as may be approved from time to time by the Secretary of War, and to keep up and maintain said bridge for the pur- Proviso. poses aforesaid. Provided, That Congress may at any time prescribe such rules and regulations in regard to toll and otherwise as may be deemed reasonable. Draw. SEC. 2. That said bridge shall be built with a draw, so as not to impede the navigation of said river; said draw shall be a pivot draw, over the channel of sail river usually navi- Spans. gated, and with spans of not less than two hundred feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall not be less than two hundred and fifty feet, and said spans shall not be less than ten feet above extreme high water mark and not less than thirty feet above low-water mark, Piers. measured to the bottom chord of the bridge, and the piers of said bridge “hall, as nearly as practicable, be parallel Proviso. with the current of said river: Provided, That said draw shall always be opened promptly upon reasonable signal; and said company, or its successors and assigns, shall at Lights. all proper times keep and maintain all proper lights on said bridge during nights, so that its presence may always be noticed by vessels and craft navigating the channel of F Planſ to be ap- said river. And all plans for the construction of said bridge *:::::: *Wºº and approaches thereto must first be submitted to the See. retary of War for his approval; and when the same shall - be approved by said Secretary the work thereon may be Provisos. commenced and prosecuted to completion : And provided further, That said bridge shall, as nearly as may be, be con- structed at right angles with said river or the current there- of; And provided further, That any changé in the mode of construction of said bridge shall be first submitted to the OVER NAVIGABLE WATERS OF THE UNITED STATES. 149 said Secretary for his approval, and when approved the said company may then proceed with the construction ac- cording to said change; And provided further, That if said . Not to impede bridge when constructed shall, in the opinion of the Secre. ** tary of War, be a substantial obstruction to the naviga- tion of said river, the said Secretary shall require said com- pany to change the construction thereof so as to avoid any serious and substantial obstruction to the navigation of said river at the expense of the owners of said bridge. SEC. 3. That the bridge hereby authorized shall be a law- Declared a law: ful structure, and shall be a post-route, upon which no "...” higher charge shall be made for the transportation of the mails of the United States, and the troops and munitions of war, or for passengers or freight passing over said bridge than the rate per mile paid to railroads and trans- portation companies leading to said bridge. SEC. 4. That all railroad companies desiring the use of Railroad, com. said bridge shall have and be entitled to equal rights and :::::::::... privileges relative to the passage of railway trains or cars failure to .#. over the same, and over the approaches thereto, upon pay-ºº: ment of a reasonable compensation for such use; and in g.jº case the owner or owners of said bridge and the several e railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon 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; Provided, That the Proviso. provisions of section three in regard to charges for passen- gers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. SEG. 5. That this act shall be subject, except as above 17 Stat., 44. mentioned, to the limitations and provisions of an act enti- tled “An act to authorize the construction of a bridge across the Mississippi River at or near the town of Clinton, in the State of Iowa, and other bridges across said river, and to establish them as post-roads,” approved April first, eighteen hundred and seventy-two. SEC. 6. That it shall be the duty of the Secretary of War, Special struct. on satisfactory proof that a necessity exists therefor, to re-jº *:: Quire the company or persons owning said bridge to cause bridge, etc. such aids to the passage of said bridge to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of rafts, steamboats, and other water-craft safely through the passage-way, as shall be specified in his order in that behalf; and on failure of the Company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Sec. Penalty. retary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any district court of the 150 LAWS RELATING TO CONSTRUCTION OF BRIDGES United States in which such bridge or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. §§. §. SEC. 7. That the right to alter, amend, or repeal this act j"?” is hereby expressly reserved. And the right to require any changes in said structure or its entire removal at the ex- pense of the owners thereof whenever Congress shall decide that the public interest requires it, is also expressly re- Served. Approved, July 3, 1882. July 8, 1882. CHAP. 281.-An Act to authorize the construction of a railroad bridge Vol. 22, p. 154. across the Sainte Marie River. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it sault Sainte shall be lawful for the Sault Sainte Marie Bridge Company, #.º.º.º a corporation duly organized by and under the laws of the Company to con- * * * * * e §: "###". State of Michigan, whenever due authority shall have been *:::::::::: * given to any person or corporation by the Dominion of Canada with the sanction of the British Government to build or join in the building of a bridge for such purpose, to build a bridge across the Sainte Marie River at or near the rapids in said river, in Chippewa County, Michigan, for the use of and connection of railroads whose business crosses or Right of rail. will cross the river at said locality, and whose lines of road ãº: are now or may hereafter approach the river at that place; sation therefor and that when constructed all the trains of all the roads terminating at said river at that place, or opposite thereto, shall be allowed to cross the said bridge for reasonable com- pensation to be made to the owners thereof, under the lim- itations and conditions hereinafter mentioned. And in case of litigation arising from any obstruction or alleged obstruc- tion to the free navigation of the said river within the Waters of the United States, the cause may be tried before the dis- trict court of the United States of the State in which any portion of said obstruction or bridge touches. Plan and loca. SEC. 2. That it shall be the duty of said Sault Sainte ;..."tº sº. Marie Bridge Company before entering upon the construc- tary of War for tion of said bridge to submit to the Secretary of War, for ** his approval a drawing and description fully showing the plan and location proposed for said bridge; and the con- struction thereof shall not be entered into until such ap- proval of the plan and of the location of the site of the bridge has been obtained. Drawbridge SEC. 3. That any bridge constructed under the provisions $...º. of this act shall have one pivot draw-bridge over the ship- Huron and Supe. canal connecting Lakes Huron and Superior, convenient for TIOI’. the passage of ships, vessels, and steamboats, and of the entire width of said canal, clear of all obstructions of every kind from said bridge, and twenty-five feet additional over the tow-path on either side whenever said draw is open; said draw-bridge to be of such length as to conform to these over NAVIGABLE WATERS OF THE UNITED STATES. 151 conditions, and the said bridge shall not be less than ten feet high above high-water mark in said canal, measuring to the bottom chord of the bridge; and the said draw shall be opened promptly, upon reasonable signal, for the passage of boats and vessels, except when trains are passing over the same, but in no case shall unnecessary delay occur in opening said draw during or after the passage of trains; and the operation or working of said drawbridge shall at Regulations for all times be under the supervision of the Secretary of War, ;a. and shall be subject to such rules and regulations as he may ſºsee: prescribe. { } SEC. 4. That any bridge constructed under this act, and P. according to its limitations, shall be a lawful structure and ...” shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transportation over the same of the mails of the United States, or for pas. Charges, for sengers or freight passing over said bridge, than the rate:::::::: ** per mile paid for their transportation over the railroads or public highways leading to said bridge. SEC. 5. That said bridge company shall have the right to Ice-breakers or locate, hold, and possess said post-route and bridge and Pº right of way for the width which the length of the draw- bridge will require for space to swing in. It shall also be lawful to place ice-breakers or piers above the said bridge in said river, for the safety and protection of said bridge : Proviso. Provided, That the rights of navigation and of private par- ties be in all cases respected. SEC. 6. That any bridge constructed under the provisions Tolls for travel of this act may be constructed not only for the purposes of *P**** railroad business, but also for travel of persons, horses, teams, and carriages, in which case the said company or Corporation may charge reasonable toll therefor, subject to regulation and revision from time to time by the Secretary of War of the United States. SEC. 7. That all railway companies desiring to use the Secretary of said bridge shall have and be entitled to equal rights and ...”. privileges in the passage of the same, and in the use of the of disagreement. machinery and fixtures thereof, and of all approaches thereto, under and upon such reasonable terms and condi- tions and subject to such rules and regulations as shall be prescribed by the Secretary of War of the United States, upon hearing the allegations and proofs of the parties, in case the parties themselves be unable to agree. Provided, Proviso. That the provisions of section four in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. SEC. 8. That the right to alter, amend, or repeal this act Special rights is hereby expressly reserved. And the right to require any jº" changes in said structure or its entire removal at the ex- pense of the owners thereof whenever Congress shall decide that the public interest requires it, is also expressly re- Served. Approved, July 8, 1882. 152 LAWS RELATING TO CONSTRUCTION OF BRIDGES July 8, 1882. CHAP, 283.−An Act to authorize the construction of bridges over Vol. 22, p. 156, the rivers Saint Mary’s, Satella, Little Satella and Crooked, in the T. States of Georgia and Florida, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, tº. over SEC. 1. That the Fernandina and Jacksonville Railroad #ºs.' Company, and the East Georgia and Florida Railroad Com- º * pany be, and are hereby, authorized, to construct a bridge states of Georgia over the river Saint Marys in the County of Camden and ** State of Georgia, and in the county of Nassau and State of Florida, at the point where said railroads cross said I’IV eI’. SEC 2 That the East Georgia and Florida Railroad Com- pany be, and is hereby, authorized to construct a bridge over the river Satella, in the county of Camden, in the State of Georgia, at the point where said railroad crosses said T]Ver’. * * SEC. 3. That said bridges shall be so constructed either by draw span, or otherwise, so that a free and unobstructed passage may be secured to all vessels and other water craft navigating said rivers. SEC. 4. That the said East Georgia and Florida Railroad Company be, and is hereby, authorized to construct fixed bridges over the Little Satella river between the counties of Camden and Glynn, and over Crooked River in the county of Camden in said State of Georgia at the points selected tº" by said company where said railroad crosses said rivers, *** with one span, and to make said bridges of such height as Proviso. they may see fit, Provided That the height be sufficient to permit the passage of timber-rafts and other vessels navi- gating said rivers under said bridges. Declared a law; SEC. 5. That any bridge built under this act, and subject tº: * to its limitations, shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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, or passengers or freight passing over Charge for said bridge, than the rate per mile paid for the transporta- #.” “tion over the 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. Draw.bridge. SEC. 6. That if any of the said bridges authorized to be constructed by this act shall be constructed as a drawbridge, the draw shall be opened promptly upon reasonable signal for the passage of boats, and said company or corporation Lights. shall maintain at its own expense from sunset till Sunrise such lights or other signals on said bridge or bridges, as the Light-House Board shall prescribe. No bridge shall be g erected or maintained under the authority of this act which Not to obstruct shall at any time substantially or materially obstruct the *** free navigation of said river, and if any bridge erected un- der such authority, shall in the opinion of the Secretary of War obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made, as will effectually obviate such obstruction, and all such obstructions shall be removed, and alterations made, at the over NAVIGABLE WATERS OF THE UNITED STATES. 153 expense of the owner or owners of said bridge. Provided, Proviso. That nothing in this act shall be so construed, as to repeal or modify any of the provisions of law now existing in ref. erence to the protection of the navigation of rivers, or to ex- empt this bridge erected under this act from the operation of the same. SEC. 7. That all railroad companies desiring the use of Use of by rail- 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, upon pay- ment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and Tolls. upon 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. SEC. 8. That any bridge authorized to be constructed • under this act 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, said company or corporation shall submit to the Secretary of War, a design and drawings of said bridge to Approval , of be erected, for his examination and approval, and a map of . * * its location, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and in all things shall be subject to such rules and regulations as may be prescribed by the Secretary of War, and until said plan and location of said bridge or bridges are approved by the Secretary of War, said bridge or bridges shall not be built; and should any change be made in the plan of any bridge authorized to be constructed by this act during the progress of the work of construction, such change shall be subject to the approval of the Secretary of War. SEC. 9. That the right to alter, amend or repeal this act Right to alter. is hereby expressly reserved, and the right to require any changes in said structures or their entire removal at the expense of the owners thereof whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 8, 1882. CHAP. 291,-An Act authorizing the New Orleans and Northeastern July 12, 1882. Railroad to construct bridges over the channels of Pearl River and Vol. 22, p. 166. Lake Pontchartrain. *m-º-memº-º-º-º-º: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the New Orleans New Orleans and Northeastern Railroad Company, a corpora-..."ºjº, tion organized for the purpose of constructing a railroad be-construct bridge t tº e tº * * * * * * * over East Pearl ween New Orleans, Louisiana, and Meridian, Mississippi, be, º, ...” wº and is hereby, authorized and empowered to construct, build, #. º.º. tº - & g ake Pontchar- and maintain bridges over and across the navigable waters of train, etc. the United States on the route of said railroad from New Or- leans, Louisiana, to Meridian, Mississippi, as now located, 154 LAWS RELATING TO CONSTRUCTION OF BRIDGES Proviso. Declared a law- ful structure and post-route. Tolls. Spans. Proviso. Draw-bridge. Proviso. Lights. or as said route may hereafter be located, for the use of said Company, and the passage of its engines, cars, passengers, mails, and merchandise thereon: Provided, however, That said company shall construct its bridges over and across the waters known as East Pearl River, West Pearl River, and Lake Pontchartrain, in accordance with such plans devised for the safe passage of vessels as shall be approved by the Secretary of War; and that said company shall construct and maintain such facilities and be governed by such regu- lations for the passage of vessels as the Secretary of War shall approve. SEC. 2. 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 also 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, or for passengers and freight passing over said bridge, than the rate per mile paid for the trans- portation over the railroad 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. 3. That if said bridges shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main spans shall be over the main channels of the rivers and lakes across which said bridges may be constructed, and the bridges shall be at right angles to and their piers parallel with the current of said rivers and lakes: Provided, That if the same shall be constructed as draw bridges, the draws or pivots shall be over the main channels of said rivers and lakes at accessible points, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridges shall be parallel with and the bridges at right angles to the current of the channels, and the spans shall not be less than ten feet above high water mark, as understood at the point of location, to the lowest part of the superstructure of said bridges: Provided, That said draws.shall be opened promptly by said company, upon reasonable signal, for the passage of boats; and said com- pany or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridges nºt as the Light-House Board shall prescribe. No bridge shall ** be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said rivers and lakes; and if any bridge erected under such authority shall, in the opinion of the Sec- retary of War, obstruct such navigation, he is hereby au- thorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridges. And in case of any litigation arising from any ob- struction or alleged obstruction to the free navigation of said rivers caused or alleged to be caused by said bridges, the case may be brought in the district court of the United States of the States of Louisiana and Mississippi in which any portion of said obstruction or bridge may be located: OVER NAVIGABLE WATERS OF THE UNITED STATES. 155 Provided, further, That nothing in this act shall be so con- Proviso. strued as to repeal or modify any of the provisions of law now existing in reference to the protection of the naviga- tion of rivers, or to exempt these bridges from the operation of the same. SEC. 4. That all railroad companies desiring the use of Railroad com- said bridges shall have and be entitled to equal rights and ºbºis. privileges relative to the passage of railway trains or cars ºr com: over the same, and over the approaches thereto, upon pay.” ment of a reasonable compensation for such use ; and in case the owner or owners of said bridges and the Several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridges, all matters at issue between them shall be decided by the Secretary of War, upon hearing of the allegations and proofs of the parties: Provided, That the Proviso. provisions of section two in regard to charges for passen- gers and freight across said bridges shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridges by said companies for the use of said bridges. SEC. 5. That any bridge authorized to be constructed Secretary of under this act shall be built and located under and subject jº to such regulations for the security of navigation of said curity of naviga- rivers and lakes as the Secretary of War shall prescribe; “an and io. and to secure that object the said company or corporation ..."g. shall submit to the Secretary of War, for his examination i. of war for and approval, a design and drawings of the bridges and a *PP” 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 or lake, the shore-lines at high and low water, the direction and-strength of the currents at all Stages, and the soundings, accurately showing the bed of the stream or lake, the location of any bridge or bridges, 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 bridges are ap proved by the Secretary of War the bridges shall not be built; and should any change be made in the plan of said bridges during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, amend, or repeal this act special rights is hereby expressly reserved ; and the right to require any tººs." changes in said structures, or their entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 12, 1882. CHAP. 358.-An Act to authorize the construction of a street-railway July 28, 1882. and wagon-road bridge over the Rio Grande River between the city Vol 22, p. 179. of El Paso, Texas, and Paso del Norte, Mexico. - *--- Be it enacted by the Senate and House of Representatives of El Paso street the Uni * ion, i. r & Railway Com - ited States of America in Congress assembled, That the jºon ºf El Paso Street Railway Company, a corporation organized tº "...ii. 156 LAws RELATING TO CONSTRUCTION OF BRIDGEs and wagon-road and created under and by virtue of the laws of the State of §§º Texas, be, and is hereby, authorized and empowered to con- etc. 'struct, own, maintain, and operate a street-railway bridge over the Rio Grande River between the city of El Paso, in the State of Texas, and the city of Paso del Norte, in the State of Chihuahua, Mexico, at such point as may be most convenient to said corporation to unite and connect the street-railroad to be constructed by them in the said city of El Paso with any street-railroad that may be constructed by any person or company in the said city of Paso del Norte, and to build or lay on and across said bridge ways for the passage of animals, foot-passengers, and vehicles of all kinds, for the transit of which said corporation may charge a rea- Toll. sonable toll, which charge shall be subject to revision and regulation by the Secretary of War from time to time. Form, con- SEC. 2. That said bridge may be built with unbroken and struction. continuous spans, and of the following dimensions, to wit: Six hundred feet in length, twenty feet in width, ten feet in height above high water level, and with twenty-eight spans, twelve of which to be thirty feet in length and sixteen of which to be fifteen feet in length; that said bridge when Declared alaw. completed in the manner herein specified shall be deemed *}...” and taken to be a legal structure: Provided, That said Free naviga bridge shall not interfere with the free navigation of Said tº be main river; and in case of any litigation arising from an obstruc. tion or alleged obstruction to the free navigation thereof caused or alleged to be caused by said bridge, the case may be tried before the district court of the United States of the State in which any portion of Said bridge may be situated: And provided also, That Congress reserves the right to with- draw the authority and power conferred by this act in case the free navigation of said river shall at any time be sub- stantially or materially obstructed by said bridge, or for any other reason, and to direct the removal or necessary modi- fications thereof at the cost and expense of the owners of said bridge; and Congress may at any time alter, repeal, or consent of amend this act: And provided further, That the consent of §.” the Mexican State of Chihuahua, and of the proper authori- ties of the Republic of Mexico shall have been obtained be- fore said bridge shall be built or commenced. Approved, July 28, 1882. August 1, 1882. INo. 58.] Joint Resolution to authorize the construction and mainte- Vol.22, p. 390. nance of a bridge across the Saint Lawrence River. Resolved by the Senate and House of Representatives of the *i; sº United States of America in Congress assembled, That any fºn. R. bridge and its appurtenances, which shall be constructed §º.º. across the river Saint Lawrence from a point on the right Canada Bridge or southerly bank thereof in or near the village of Wad- *P*Y. * dington, in the county of Saint Lawrence, in the State of New York, to a point on the left or northerly bank thereof in the county of Dundas, province of Ontario, in the Dominion of . Canada, by the New York and Canada Bridge Company, or any other company which has been or may be incorporated OVER NAVIGABLE WATERS OF THE UNITED STATES. 157 by the legislature of the State of New York for that pur. Declared law. pose, shall be lawful structures, and shall be so held and ** taken; and the same are hereby authorized to be con- structed and maintained under the limitations and restric- tions of this joint resolution. SEC. 2. That the bridge herein named shall be subject in Plans, etc., its location and construction to the supervision of the Sec- sº retary of War of the United States, to whom the plans and for approval. specifications relative to its location and construction shall be submitted for approval. And all railway companies desir- Equal rights, ing to use the said bridge shall have and be entitled to equal.p....” rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof and of all the ap- proaches thereto, under aud upon such terms and condi- tions as shall be prescribed by the district court of the United States for the northern district of New York, upon hearing the allegations and proofs of the parties, in case they shall not agree. SEC. 3. That the right to alter or amend this joint reso- Right to alter lution so as to prevent or remove all material obstructions;.... to the navigation of the said river by the construction of tion, reserved. said bridge is hereby expressly reserved. SEC. 4. That the company authorized by this joint reso- ...Ottawa, Wad. lution to construct and maintain said bridge may for that §§. purpose unite with the Ottawa, Waddington and New York and Bridge Com- Railway and Bridge Company, a company incorporated by Fº an act of the Parliament of the Dominion of Canada, or with etc. \ any other company incorporated by the Parliament of said Dominion for such purpose, under the limitations and re- strictions of sections one and two of this joint resolution. Approved, August 1, 1882. CHAP. 433.−An Act making appropriations for sundry civil expenses August 7, 1882. of the government for the fiscal year ending June thirtieth, eighteen Vol. 22, p. 302. hundred and eighty-three, and for other purposes. -º-º-mes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the . Appropria. following sums be, and the same are hereby, appropriated "Šºdy civil for the objects hereinafter expressed for the fiscal year end- expenses. ing June thirtieth, eighteen hundred and eighty-three, namely: §§ $ §§ $: * That all parties owning, occupying, or operating bridges, Lights on Over any navigable river shall maintain at their own ex. lºº pense, from Sunset to sunrise, throughout the year, such tion. lights on their bridges as may be required by the Light- EHouse Board for the security of navigation : and in addition thereto all persons owning, occupying, or operating any bridge over any navigable river shall, in any event, main- tain all lights on their bridge that may be necessary for the Security of navigation. $: * $ 36 $ For the Rock Island bridge as follows: Rock Island For care and preservation of the Rock Island bridge, and Bridge. 158 LAWS RELATING TO CONSTRUCTION OF BRIDGES expenses of maintaining and operating the draw, nine thou- Sand dollars. For protecting the Rock Island bridge by means of sheer- booms, two hundred and fifty dollars. st $ #: $ * Approved, August 7, 1882. *} August 8, 1882. CHAP. 465.-An Act to authorize the construction of a bridge over Vol. 22, p. 370. the Saint Croix River between the city of Calais, Maine, and Saint — Stephen's, New Brunswick. Bridge over Be it enacted by the Senate and House of Representatives of .*.*... the United States of America in Congress assembled, That the isis, Me, and Maine Shore-Line Railway Company, a corporation organ- §.ized and created under and by virtue of the laws of the State of Maine be, and is hereby, authorized and empowered to construct, own, maintain, and operate a railway bridge over the Saint Croix River between the city of Calais, in the State of Maine, and the town of Saint Stephen's, in the Province of New Brunswick, Dominion of Canada, at such point as may be most convenient to said corporation to unite and connect their railroad to be constructed by them in the said city of Calais with any railroad that may be con- structed by any person or company in the said Dominion of Canada, and to build and lay on and across said bridge ways or tracks for the passage of railway trains and foot- passengers, for the transit of which said corporation may Declared alaw-charge a reasonable toll; and that said bridge, when com- ** pleted, shall be deemed and taken to be a legal structure. Plan and loca. SEC. 2. That the plan and location of any bridge the con- #&# º's... struction of which is hereby authorized shall be subject to tary of War, the approval of the Secretary of War; and the bridge, if built at any distance greater than one hundred feet below the present toll-bridge between Calais, Maine, and Saint Stephen's, New Brunswick, or the head of navigation, shall be so located as not to obstruct, impair, or injuriously Free navigation modify the free navigation of the river, and shall be built ... * *** with the piers parallel to the current, leaving the water-way Piers, etc. unobstructed by rip-rap or piling, or other obstructions, and shall have at the crossing of the main channel of the river Draw. a draw of not less than sixty feet of clear opening, which shall be located at a point best calculated to accommodate commerce, which draw shall at all times be opened promptly for passing vessels upon reasonable signal, except when railway trains are passing over the same; and at all times Lights. during the season of navigation proper signal lights shall be used and maintained at the expense of the aforesaid com- Provisos. pany to guide vessels approaching said draw: Provided, That the construction of said bridge shall not be commenced until the plan and location thereof have been approved by the Secretary of War, and the said company has been noti- fied of the same in writing: And provided further, That the the consent of the proper authorities of the Dominion of Canada shall have been obtained before said bridge shall be built or commenced. OVER NAVIGABLE WATERS OF THE UNITED STATES. 159 SEC. 3. That the right to alter, amend, or repeal this act Right to alter is hereby expressly reserved. And the right to require any ...?" ** changes in said structure or its entire removal at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly re- Served. Approved, August 8, 1882. CHAP. 467.-An Act to authorize the construction and maintenance August 8, 1882. of a ponton railway Bridge across the Mississippi River at or near the Vol. 22, p. 372. mouth of the Upper Iowa River, in the State of lowa. *-* ---------- Be it enacted by the Senate and House of Representatives of Upper Iowa and the United States of America in Congress assembled, That the *ś, #. Upper Iowa and Mississippi River Railway Company, a cor- authorized to poration duly organized under the laws of Iowa, or its as " *...; signs be, and is hereby, authorized and empowered to cou-ºº. § struct and maintain, between a point at or near the mouth ºve.” of the Upper Iowa River, in the State of Iowa, and a point at or near the village of Victory, in the State of Wisconsin, for railroad purposes, a ponton railway bridge, subject, how- ever, to the terms, provisions, restrictions, and requirements contained in chapter two hundred and twenty-four of the supplement to the Revised Statutes of the United States: R. S. Provided, That said bridge shall not be built or commenced Proviso. until the plan and specification for its construction have been submitted to the Secretary of War for his approval, nor until he shall approve the plan and location of said, Plans, ect, to bridge; and if any change be made in the plan of construc-‘. sº º tion of said bridge at any time, such change shall be sub- War. ject to the approval of the Secretary of War; and any change in the construction or any alteration of said bridge that may be directed at any time by Congress or the Sec- retary of War shall be made at the cost and expense of the owners thereof: And provided further, That the right Proviso. is hereby reserved to Congress to alter, amend, or repeal this act; and in case of the repeal of this act the bridge shall be removed without expense to the United States; and if this act be amended, any change or alteration re- Quired shall be without cost to the United States. Approved, August 8, 1882. CHAP. 44.—An Act supplementary to an act approved December Feb. 14, 1883. seventeenth, eighteen hundred and seventy-two, entitled “An act to Vol. 22, p. 414. authorize the construction of bridges across the Ohio River, and to prescribe the dimensions of the same. Be it enacted by the Senate and House of Representatives of, Bridges across the United States of America in Congress assembled, That the **** act of Congress approved December seventeenth, eighteen hundred and seventy-two, entitled “An act to authorize the construction of bridges across the Ohio River, and to pre- scribe the dimensions of the same,” shall be, and the same 160 LAWS RELATING TO CONSTRUCTION OF BRIDGES Stat., 17, 398. Amended. Construction. Provisos. Plan and loca- tion to be ap- proved by Secre- tary of War. is hereby, amended by striking out sections two and four of Said act and substituting therefor the following: “SEC 2. That every bridge hereafter erected across the Ohio River shall have its axis at right angles to the current at all stages, and all of its spans shall be through spans. Every such bridge shall have at least one channel-span placed over that part of the river usually run by descending coal-fleets, said channel span to give a clear water-way be- tween the piers of five hundred feet, measured on the low- Water line. Said channel-span shall be at least forty feet above local highest water, measured to the lowest part of the span, and shall be at least ninety feet above low water in bridges built above the mouth of the Big Sandy River, and at least one hundred feet above low water in bridges built below the mouth of the Big Sandy River, measured to the lowest part of the span: Provided, however, That all bridges over the Ohio River below the Covington and Cin- cinnati Suspension bridge shall have, in addition to the channel-span prescribed above, a pivot-draw giving two clear openings of one hundred and sixty feet each, measured at right angles to the current at high stages, and located in a part of the bridge that can be safely and conveniently reached at such stages; that said draw shall be provided with suitable rest-piers above and below the pivot-pier, and suitable floats or crib-work connecting said rest-piers with the pivot-pier, to enable boats to pass through said draw with safety; that in case said draw span is near either shore, the bridge Company, by purchase or otherwise, shall extin- guish the right of mooring boats or other water craft to the adjacent shore for a distance of at least seven hundred feet above and seven hundred feet below the bridge; and that said draw shall be opened promptly, upon reasonable signal, for the passage of boats whose construction shall not be such as to admit of their passage under the stationary spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in open- ing said draw before or after the passage of a train : Pro- vided, further, That in lieu of the high draw prescribed above, bridges over the Ohio River below the Covington and Cincinnati suspension bridge may be built as continu- ous bridges, with a clear height of fifty-three feet above local highest water, measured to the lowest part of the chan- nel span.” “SEC. 4.—That any person, company, or corporation au- thorized to construct a bridge across the Ohio River shall give notice, by publication for one week in newspapers hav- ing a wide circulation, in not less than two newspapers in the cities of Pittsburgh, Cincinnati, and Louisville for bridges above the mouth of the Big Sandy, and in the cities of Pittsburgh, Cincinnati, Louisville, Saint Louis, Memphis, and New Orleans for bridges below the mouth of the Big Sandy, and shall submit to the Secretary of War, for his examination, a design and drawings of the bridge and piers, and a map of the location, giving, for the space of at least one mile above and one mile below the proposed location, the topography of the banks of the river and the shore lines OVER NAVIGABLE WATERS OF THE UNITED STATES. 161 at high and low water. This map shall be accompanied by others, drawn on the scale of one inch to two hundred feet, giving, for a space of one half a mile above the line of the proposed bridge and a quarter of a mile below, an accurate representation of the bottom of the river, by contour lines two feet apart, determined by accurate soundings, and also showing over the whole width of this part of the river the force and direction of the currents at low water, at high water, and at least one intermediate stage, by triangulated observations on suitable floats. The maps shall also show the locations of other bridges in the vicinity, and shall give such other information as the Secretary of War may require for a full and 'satisfactory understanding of the subject. Said maps and drawings shall be referred to a board of en- gineers for examination and report, which board shall per- Sonally examine the site of the proposed bridge, and shall hold a public session at some convenient point to hear all objections thereto, of which public session due notice and invitation to be present shall be given to all interested par- ties; and if said board of engineers reports that the site is unfavorable, the Secretary of War shall be authorized, on the recommendation of said board, to order such changes in the bridge or its piers or such guiding dikes or other auxil- iary Works as may be necessary, at the expense of the pro- prietors or managers of such bridge or piers and other Works for the Security of navigation; and the proposed bridge shall only be a legal structure when built as ap- proved by the Secretary of War.” SEC. 5.—That the right to alter, amend or repeal this act as set forth in section seven of the act hereby amended is hereby reserved. Approved, February fourteenth, 1883. CHAP. 52–An Act to authorize the construction of certain bridges' Feb. 22, 1883. and to establish them as post-roads. Vol. 22, p. 422. Be it enacted by the Senate and House of Representatives of Bridge across the United States of America in Congress assembled, That it nºnpºin shall be lawful for the Lamoille Valley Extension Railroad Company, and the Ogdensburgh and Lake Champlain Rail- road Company, and their respective successors and assigns, to construct a bridge across Lake Champlain from Alburgh, Vermont, to Rouse's Point, New York, for the purpose of connecting the railroads of said companies, and to maintain and use the said bridge for the transportation of the mails, and for the benefit of commerce and the transportation of persons and property. The said bridge shall be built on the north side of the existing bridge connecting the said Ogdens- burgh and Lake Champlain Railroad with the Vermont and Canada Railroad, but not to interfere with or in any way injure said existing bridge or its use. The bridge author- ized by this act shall be constructed and maintained with two suitable draws, one of which shall be at least sixty feet wide, and the other at least ninety feet wide, which shall bé Opposite to and made to correspond with the draws in 1514 BR-11 162 LAWS RELATING To constructION OF BRIDGEs the existing bridge, so as to afford the best passage of ves- sels through the draws of both said bridges. Bridge across SEC. 2. That it shall be lawful for the Lamoille Valley * * Extension Railroad Company, their successors and assigns, to construct, maintain, and use, for the passage of cars, a *. bridge across Missisquoy Bay, from the town of Swanton to the town of Alburgh Vermont. The said bridge may be constructed either north or south of the existing bridge across said bay of the Vermont and Canada Railroad Com- pany, but shall be so constructed as not to injure or in any way interfere with the use and operation of said existing * bridge. The bridge authorized by this section shall be con- Draw. structed with a suitable draw for the passage of vessels, as - wide as the draw in the existing bridge, and so located as to give vessels the best facilities for passing the draws of both said bridges. - Free naviga. SEC. 3. That the said bridges shall not interfere with the *P*Y* free navigation of said lake and bay, respectively, 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 or alleged obstruction to the free navigation of said lake or bay, the cause may be tried Signals. before the district court of the United States of any State in which any portion of said obstruction or bridge touches; and that the draws of the said bridges shall be opened promptly upon reasonable signal for the passage of boats. Declared a SEC. 4. That any bridge constructed under this act and lºº 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 transmission over the same of the mails, the troops, and the munitions of war of the United States, or for passengers or freight passing over said bridge, than the rate per mile paid for their transpor- Right of way tation over the railroads and public highways leading to the jº" “ said bridge; and the United States shall have the right of & way for a postal telegraph across said bridge. SEC. 5. That all railway companies desiring to use said bridge shall have and be entitled to equal rights and priv- .ileges in the passage of the same, and in the use of the ma- chinery and fixtures thereof, and of all 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 3,92. I’620. Plans, etc., to *. 6. That the structures herein authorized shall be ja”. built and located under and subject to such regluations for tº secretary of the security of navigation of said lake or bay as the Secre- alſ. tary 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 drawings of said bridge, and a map of the location, giving for the space of one mile above and one mile below the pro- posed location the topography of the banks of the lake or bay, the shore lines at high and low water, the direction and strength of the current, and the soundings, accurately tº OVER NAVIGABLE WATERS. of THE UNITED STATES. 163 showing the bed of the lake or bay, the location of any other bridge or bridges, and shall furnish such other in- formation 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 built; and should any change be made in the plan of said bridge during the process of Con- struction such change shall be subject to the approval of the Secretary of War. And the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and to secure the safe passage of vessels at night there shall be displayed on said bridge, from the hour of sunset to that of sunrise, such lights as may be prescribed Lights, etc. by the Secretary of War; and the said structure shall be changed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as not to pre- went the free and convenient navigation of said lake or bay; and the authority to erect and continue Said bridge shall be subject to revocation and modification by law, whenever the public good shall in the judgment of Congress so re- quire, without any expense or charge to the United States. SEC. 7. That the right to alter, amend, or repeal this act Repeal. is hereby expressly reserved. SEC. 8. That this act shall take effect and be in force from and after its passage. Approved, February 22, 1883. & CHAP. 94.—An Act “to authorize the construction of a bridge across Mar. 3, 1883. the Thames River, near New London in the State of Connecticut, Vol. 22, p. 460. and declare it a post-route ’’ —— Be it enacted by the Senate and House of Representatives of Construction the United States of America in Congress assembled, That the #.” . bridge across the Thames River, not below Winthrop's Conn. t Point, and also across any inlet thereof, in the State of Con- necticut, to be constructed under and by virtue of joint resolution of the legislature of the State of Connecticut en- titled “A resolution authorizing the New York, Providence and Boston Railroad Company to bridge the Thames River, and to extend its lines,”,passed at its January Session, eight- een hundred and eighty-two, is hereby declared to be, Declarid alaw. when completed in accordance with the aforesaid joint reso- fºre and lution of the legislature of the State of Connecticut, a lawful g structure and a post-route for the conveyance of the mails of the United States: Provided, That no higher charge shall Proviso. be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or for passengers and freight passing over Said bridge, than the rate per mile paid for the transportation over the rail- roads leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States: And provided further, That the said bridge shall be Proviso. built with a pivot-draw, not less than five hundred feet in Pivot-draw. . length, and so as to not practically interfere with the navi- 164: LAWS RELATING TO CONSTRUCTION OF BRIDGES Plan of bridge and location sub- mitted to Secre- tary of War and Navy, for appro- val. Board to ex- amine and re- port on plans, etc. A plp To Wal of Board. Lights and sig- nals. IE qual rights and privileges to other railroads. Compensation. Proviso. w gation of said river for commercial or naval purposes, or the usefulness and efficiency of the navy-yard upon the Same. In order to secure a compliance with these conditions, the said New York, Providence and Boston Railroad Com- pany, previous to commencing the construction of said bridge, shall submit to the Secretary of War and the Sec- retary of the Navy of the United States a plan of said bridge, and of the location thereof, with a detailed map of the river at the proposed site of said bridge, and for the distance of a mile above and below such site, exhibiting such informa- tion touching said bridge and river as may be deemed req- uisite by said Secretary of War and said Secretary of the Navy to determine whether the said bridge, when built, will conform to the prescribed conditions of this act, to not practically interfere with the navigation of said river for Commercial and naval purposes, or the usefulness and effi- ciency of the navy-yard upon the same. * SEC. 2. That the Secretary of War and the Secretary of the Navy are hereby authorized and directed, upon receiving Said plan and map and other information, and on the appli- cation of said railroad company, to designate a board of com- petent Army and Navy officers to examine such plan and location, and if, in the opinion of said board, such plan and location, or any modification thereof, will not practically interfere with the navigation of said river for commercial or naval purposes, or the usefulness and efficiency of the navy- yard upon the same, said board is hereby authorized to ap- prove the same. The approval of said board shall be filed with the Secretary of War, and upon the filing thereof it shall be the duty of the Secretary of War, in writing, to notify said railroad company thereof; and, upon receiving such notification, the said company may proceed to the erec- tion of said bridge, conforming strictly to such approved plan and location. Until the said board, so appointed as aforesaid, shall approve the plan and location of said bridge, and the Secretary of War shall, in writing, notify said rail- road company of the same, said bridge shall not be built or commenced. And the said bridge shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through said structure; and to Secure the safe passage of vessels at night there shall be displayed on said bridge, from the hour of Sunset to that of sunrise, such lights as may be prescribed by the Secretary of War. SEC. 3. 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 railway trains or cars over the same, and over the approaches thereto, upon pay- ment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or Suins to be paid, and upon 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: Provided, That the provisions of sec- OWER NAVIGABLE, WATERS OF THE UNITED STATES. 1.65 tion one in regard to charges for passengers and freight across said bridge, shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. SEC. 4. That the right to alter, amend, or repeal this act ºf . is hereby expressly reserved. And the right to require any ºff. “ changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly re- served. Approved, March 3, 1883. CHAP. 100.—An Act to authorize the construction of a bridge across Mar. 3, 1883. the Missouri River at some accessible point within ten miles below Vol. 22, p. 482. and five miles above the city of Kansas City, Missouri *-*-º-º-º-º-º-º-º-m-º-º-º-º-m-m Be it enacted by the Senate and House of Representatives of º the United States of America in Congress assembled, That the ºf Chillicothe and Kansas City Railway Company, a corpora-cothe, and Kan: tion organized under the laws of the State of Missouri, be, tºº and is hereby, authorized to construct and maintain a bridge ºn tº * and approaches thereto over the Missouri River, at some ac- e cessible point consistent with the interests of the river nav- igation within five miles above and ten miles below the pres- ent railroad bridge across said river, at the city of Kansas City, in the county of Jackson and State of Missouri. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wag- ons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. SEC. 2. That any bridge built under this act and subject . Declared alaw: to its limitations shall be a lawful structure, and shall be:"...” recognized and known as a post-route, upon which also 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, or for passengers and freight passing over said bridge than the rate per mile paid for the trans- portation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privi- leges of other post-roads in the United States. SEC. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less Spans. than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as under- stood at the point of location, and at least eighty feet above low-water, and the bridge shall be at right angles to, and its piers parallel with, the current of the river: Provided, Proviso. That if the same shall be constructed as a draw-bridge it º shall have two or more pivot or draw span openings over ****** the main channel of the river, giving two hundred feet clear 166 LAWS RELATING TO CONSTRUCTION OF BRID(HES Proviso. Signals. channel-way in each opening, and the piers of said bridge. shall be parallel with, and the bridge itself at right angles to, the current of the river. Also that all fixed spans lo- cated between the shore lines, at the medium stage of water, shall be three hundred feet or more in length, and that the clear head-room under such spans shall not be less than ten feet at highest water: Provided also, That said draw shall be opened promptly by said company, upon reasonable sig- nal, for the passage of boats; and said company or corpo- ration shall maintain, at its own expense, from Sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which Not toobstruct shall at any time substantially or materially obstruct the free navigation. Proviso. Equal rights and privileges to other railroads. Proviso. free navigation of said river, and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. ' And in case of any litigation arising from any ob- struction 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 Missouri in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in ref. erence to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. SEC. 4. 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 railway trains or cars Over the same, and Over the approaches thereto, upon pay- ment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon 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: Provided, That the provisions of Section two in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. SEC. 5. That any bridge authorized to be constructed under this act 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 : Plans, draw- that object the said company or corporation shall submit to in g s, location, etc., to be ap- pººre design and drawings of the bridge, and a map of the loca- the Secretary of War, for his examination and approval, a tion, giving, for the space of one mile above and one mile OVER NAVIGABLE WATERS OF THE UNITED STATES. 167 below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direc- tion and strength of the currents at all stages, and the soundings accurately showing the bed of the stream, the lo- cation of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfac- tory 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 built; and should any change be made in the plan of Said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, amend, or repeal this act Right to repeal, is hereby expressly reserved. And the right to require any ” changes in said structure or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly re- Served. Approved, March 3, 1883. Q . CHAP, L36.—An Act to authorize the construction of bridges over the Mar. 3, 1883. Ogeechee, Oconee, Ocomulgee, Flint and Chattahoochee Rivers, in Vol. 22, p. 567. the State of Georgia. *=ºmºsº Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the rºº; Savannah and Pacific Short Line Railway Company be, and #."º aſſº; it is hereby, authorized to construct bridges over the Ogee-Fºy, ... chee River, in the county of Chatham ; over the Oconee, in struct bridge's the county of Montgomery; over the Ocmulgee, in the 3.9%; county of Pulaski; over the Flint River, in the county of ãº: Dooly, and over the Chattahoochee River, in Stewart or gº 'sº Muscogee Counties, or such other county as said railroad of Georgia. company may desire or find most practicable in the final location of said road. 4 SEC. 2–That said bridges shall be so constructed, either ... Free naviga- by draw, span, or otherwise, so that a free and unobstructed” passage may be secured to all vessels and other water-craft navigating said rivers. & tº SEC. 3—That any bridge built under this act and subject, Deşlared.” to its limitations shall be a lawful structure, and shalf belº" recognized and known as a post-route, upon which also 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, or passengers or freight passing over said bridges, than the rate per mile paid for the transpor- tation over the railroad or public highways leading to the said bridges; and it shall enjoy the rights and privileges of other post-roads in the United States, SEC. 4.—That if any of the said bridges authorized to be Signals. Constructed by this act shall be constructed as a draw- bridge, the draw shall be opened promptly upon reasonable Signals for the passage of boats ; and said company or cor- poration shall maintain, at its own expense, from sunset 168 LAWS RELATING TO CONSTRUCTION OF BRIDGES IProviso. Equal right s and privileges to other railroads. Designs, draw- ings, maps, etc., to be submitted till sunrise, such lights or other signals on said bridge or bridges as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materi- ally obstruct the free navigation of said river, and if any bridge erected under such authority shall in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such obstructions shall be removed and alterations . made at the expense of the owner or owners of said bridge: Provided, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now exist- ing in reference to the protection of the navigation of rivers, or to exempt this bridge erected under this act, from the operations of the same. SEC 5–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 railway 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 said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums, to be paid, and upon 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. t • SEC. 6–That any bridge authorized to be constructed under this act shall be built and located under and subject #, sºy, to such regulations for the security of navigation of said a r for ap- proval. Repeal. rivers as the Secretary of War shall prescribe; and to secure that object said company or corporation shall submit to the Secretary of War a design and drawings of said bridges to be erected, for his examination and approval, and a map of its location, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and in all things shall be subject to such rules and regulations as may be prescribed by the Secretary of War; and until said plan and location of said bridge or bridges are approved by the Secretary of War, said bridge or bridges shall not be built; and should any change be made in the plan of any bridge authorized to be constructed by this act, during the progress of the work of construction, such change shall be subject to the approval of the Secretary Of War. SEC. 7—That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any changes in said structures, or their entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it is also expressly reserved. Approved, March 3, 1883. ovER NAVIGABLE WATERS OF THE UNITED STATES. 169 CHAP. 138.-An Act to establish a railway bridge across the Illinois Mar. 3, 1883. River, extending from a point within five miles of Columbiana in Vol. 22, p. 571. Greene County, to a point within five miles of Farrow town, in Calhoun amºmºmºmºmº-ºmmemºmºmºmºs County, in the State of Illinois. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Litchfield, Car; Litchfield, Carrolton and Western Railroad Company, its W.;"º: , successors and assigns, are hereby authorized and empow- *n.º. ered to erect, establish, and maintain a railway bridge acrossºil. the Illinois River, extending from a point, to be by them ºf..." selected, within five miles of Columbiana, in Greene County, Free naviga. to a point, to be selected by them, within five miles of Far-tion. rowtown, in Calhoun County, in the State of Illinois; and that said bridge shall not interfere with the free naviga- tion 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 or alleged obstruction to the free navigation of Said river, the cause may be tried before the district court of the United States for the southern district of the State of Illinois. SEC. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, Draw-bridge, be built as a drawbridge, with a pivot or other form of draw, * or with unbroken or continuous spans; Provided, That if Proviso. the said bridge shall be built with unbroken or continuous spans, it shall not be of less elevation in any case than fifty feet above extreme high water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length; and the piers of said bridge shall be parallel with the current of said river, and the main Span shall be over the main channel of the river, and not less than three hundred feet in length: And provided also, That Proviso. if any bridge built under this act shall be constructed as a , Pivot draw. draw bridge, the same shall be constructed as a pivot draw.” bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw ; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low water mark and not less than ten feet above extreme high water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected: And provided also, That said draw Proviso. shall be opened promptly, upon reasonable signal, for the Signals. passage of boats. SEC. 3. That any bridge constructed under this act and according to its limitations shall be a lawful structure, and Declared a 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 transmission over the same of the mails, the troops, and the munitions of war of the United States, or for passenger or freight passing over said bridge, than the rate per mile paid for their transpor- 170 LAWS RELATING TO CONSTRUCTION OF BRIDGEs grap tation over the railroads and public highways leading to Right, of way the said bridge, and the United States shall have the right ãº" " of way for a postal telegraph across said bridge. Equal rights SEC. 4. That all railway companies desiring to use said jº.” bridge shall have and be entitled to equal rights and privi. - leges in the passage of the same, and in the use of the ma- Chinery and fixtures thereof, and of all 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. security of SEC. 5. That the structure herein authorized 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 com- pany or corporation shall submit to the Secretary of War, Design, draw: for his examination aud approval, a design and drawings of #º bridge, and a map of the location, giving, for the space of §...:#;90° mile above and one mile below the proposed location, j."* the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current at all stages, and the soundings, accurately show- ing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the process of construction, such change shall be subject to the approval of the Secretary of War. And the said structure shall be at all times So managed and kept as to offer reasonable and proper means for the passage of vessels through or under said structure; and to secure the safe passage of vessels at night there shall be displayed on said bridge, from the hour of sunset to that of sunrise, such Lights, etc. lights as may be prescribed by the Secretary of War; and the said structure shall be changed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient naviga- tion of said river; and the authority to erect and continue said bridge shall be subject to revocation and and modifica- tion by law, whenever the public good shall in the judgment of Congress so require, without any expense or charge to the United States. ...hts re. SEC. 6. That the right to alter, amend, or repeal this act & is hereby expressly reserved. SEC. 7. That this act shall take effect and be in force from and after its passage. Approved, March 3, 1883. Mar. 3, 1883. CHAP. 143.−An Act making appropriations for sundry civil expenses Vol. 22, p. 603. of the government for the fiscal year ending June thirtieth, eighteen T bundred and eighty-four, and for other purposes. 4. Be it enacted by the Senate and House of Representatives of Appropria: the United States of America in Congress assembled, That the tions. following sums be, and the same are hereby, appropriated ovKR NAVIGABLE WATERS OF THE UNITED STATES. 171 for the objects hereinafter expressed for the fiscal year end- ing June thirtieth, eighteen hundred and eighty-four, namely: #: 3& #: 3% # For the Rock Island bridge as follows: Rock Island Eor care and preservation of the Rock Island bridge, and ** expenses of maintaining and operating the draw, nine thou- Sand dollars. For protecting the Rock Island bridge by means of sheer- booms, two hundred and fifty dollars. # #: * :: *: Approved, March 3, 1883. CHAP. 31.—An Act to authorize the construction of a railroad bridge April 28, 1884. across the Saint Croix River in the States of Wisconsin and Minne- Vol. 23, p. 14, Sota. -------" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chippewa Falls and Western Railway Company, created Chippewa Falls and existing under the laws of the State of Wisconsin, is #,"ä. hereby granted the right to construct an iron or steel bridge, *** **i; with masonry piers, to be used by it, its successors or as tº adºs. signs, for railroad purposes, or for railroad and highway Croix * purposes, and as a public highway, with continuous span, across the Saint Croix River, from such point in the State of Wisconsin in the township numbered thirty north, of range numbered twenty west of the fourth principal merid- ian, in the county of Saint Croix, which said corporation may select, to such point in the county of Washington, in the State of Minnesota, opposite thereto, as said corpora- tion may select: Provided, That the bridge to be constructed Proviso. under the authority hereby granted shall not interfere with the free navigation of said stream beyond what is necessary. Free naviga. in order to carry into full effect the rights and privileges;..." hereby granted; and that said piers shall be built at right angles with the current of the stream where said bridge may be erected, and that each span shall be not less than one hundred and twenty-five feet: Provided, That said bridge Proviso. shall be and be considered a legal structure, and shall be a Legal struct. post-road for the transmission of the United States mails: ...” “P” And provided further, That the bridge shall be built with Proviso. one span of not less than one hundred and fifty feet in the Clear over the navigable channel, with a height of not less than sixty feet in the clear above low-water mark. SEC. 2. That any bridge authorized to be constructed un-, Building , and der this act shall be built and located under and subject to "...; such regulations for the security of navigation of said river §eo Fetary of as the Secretary of War shall from time to time prescribe; " and to secure that object the said 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 pro- posed 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, 172 LAWS RELATING TO CONSTRUCTION OF BRIDGES the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and sat- isfactory understanding of the subject; and until the said Plan, etc., to plan and location of the bridge are approved by the Secre- gº§ %tary of War the bridge shall not be built; and the Secretary War. of War shall determine the proper length of the spans of said bridge, and the height thereof above high-water mark, and as to the plan of the bridge in all respects; and if it be found at any time that such bridge unnecessarily or materi- ally obstructs navigation, he shall require the necessary changes to be made therein, in the interest of such naviga- tion, at the expense of said company; and said company - shall maintain, at its own expense, from Sunset until Sun- jights and sig rise, such lights or other signals on said bridge as the Light- g House Board shall prescribe. Passage-ways. , SEC. 3. That the said railroad company shall have the right to construct passage-ways on said bridge for foot-pas- sengers and vehicles of every description, and to charge a Tolls. reasonable toll therefor; but the rates of toll shall be sub- * mitted to the Secretary of War and shall be subject to his approval and to any change he may think proper from time to time. SEC. 4. That such alterations or changes as may be re- quired by the Secretary of War or Congress in any bridge constructed under the provisions of this act shall be made by the said railroad company at their own expense; and it is hereby expressly provided that Congress reserves the right at any time to alter, amend, or repeal this act. Approved, April 28, 1884. May 29, 1884. CHAP. 57.—An Act to authorize the construction of a bridge over the Vol. 23, p. 29. Rio Grande River between the cities of Eagle Pass, Texas, and Pie- — dras Negras, Mexico. Be it enacted by the Senate and House of Representatives of Bridge over the the United States of America in Congress assembled, That the ;... Rio Grande Bridge and Tramway Company, a corporation ičagle Pass, Tex., organized and created under and by virtue of the laws of º * the State of Texas, be, and is hereby authorized and em- powered to construct, own, maintain, and operate a street- railway bridge over the Rio Grande River-between the city of Eagle Pass, Texas, and the city of Piedras Negras, in the States of Coahuila, Mexico, at such point as may be most convenient to said corporation, to unite and connect the street railroad to be constructed by them in the said city of Eagle Pass with any street railroad that may be con- structed by any person or company in the said city of Pie- dras Negras, and to build and lay on and across said bridge ways for the passage of animals, foot-passengers, and vehicles of all kinds, for the transit of which said corpora- tion may charge a reasonable toll, which charge shall be subject to reasonable revision and regulation, from time to . time, by the Secretary of War. OVER NAVIGABLE WATERS OF THE UNITED STATES. 173 SEO. 2. That said bridge shall be built of good, substan- Construction. tial material, and of such strength and dimensions as may be sufficient to render the passage of all such vehicles, animals, and persons as are herein mentioned perfectly safe at any and all times. r; SEC. 3. That said bridge shall not interfere with the free . Free naviga- navigation of said river, and in case of any litigation arising:... * * from an obstruction or an alleged obstruction to the free navigation thereof, caused or alleged to be caused by said bridge, the case may be tried before the circuit or district court of the United States for the State of Texas having jurisdiction thereof. SEC. 4. That Congress reserves the right to withdraw the authority and power conferred by this act, in case the free navigation of said river shall at any time be substantially or materially obstructed by said bridge, or for any other reason, and to direct the removal or necessary modifications thereof at the cost and expense of the owners of said bridge; , and Congress may at any time alter, repeal, or amend this act. The right is reserved to the United States for the Right for postal establishment of a postal telegraph across said bridge. ºraph re. SEC. 5. That the consent of the Mexican State of Coahuila stºº.# i.f € Dilla, and of the proper authorities of the Republic of Mexico . shall have been obtained before said bridge shall be built Or commenced. Approved, May 29, 1884. {} CHAP, 58.—An Act to authorize the construction of a bridge over the May 29, 1884. Rio Grande River between the cities of Laredo, Texas, and Nueva Vol. 23, p. 30. Laredo, Mexico. ºmºmºmºmº ºmºmºmº- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bridge overthe International Bridge and Tramway Company, a corporation º organized and created under and by virtue of the laws of ºities of Laredo, the State of Texas, be, and is hereby, authorized and em-º" powered to construct, own, maintain, and Operate a street railway bridge over the Rio Grande River between the city of Laredo, Texas, and the city of Nueva Laredo, in the state Tamaulipas, Mexico, at such point as may be most con- venient to said corporation, to unite and connect the street railroad to be constructed by them in the said city of Laredo With any street railroad that may be constructed by any person or company in the said city of Nueva Laredo; and to build and lay on and across said bridge Ways for the pas- Sage of animals, foot-passengers, and vellicles of all kinds, for the transit of which said corporation may charge a rea- Sonable toll, which charge shall be subject to reasonable revision and regulation, from time to time by the Secretary Of War. t - SEC. 2. That said bridge shall be built of good substantial Construction. material, and of such strength and dimensions as may be Sufficient to render the passage of all such vehicles, animals and persons as are herein mentioned perfectly safe at any and all times. 174 LAWS RELATING TO CONSTRUCTION OF BRIDGES Free navigation SEC. 3. That said bridge shall not interfere with the free *** navigation of said river; and in case of any litigation arising from an obstruction, or an alleged obstruction, to the free navigation thereof, caused or alleged to be caused by said bridge, the case may be tried before the circuit or district court of the United States of the State of Texas having jurisdiction thereof. SEC. 4. That Congress reserves the right to withdraw the authority and power conferred by this act in case the free navigation of said river shall at any time be substantially or materially obstructed by said bridge, or for any other reason, and to direct the removal or necessary modifications thereof at the cost and expense of the owners of said bridge; and Congress may at any time alter, repeal, or amend this Right for postal act. The right is reserved to the United States for the es- .**** tablishment of a postal telegraph across said bridge. Consent of State SEC. 5. That the consent of the Mexican state of Tamauli- tº "pas and of the proper authorities of the Republic of Mexico shall have been obtained before said bridge shall be built Or Commenced. Approved, May 29, 1884. May 29, 1884, CHAP. 59.—An Act to amend an act entitled. “An act to authorize Vol. 23, p. 31. the construction of a ponton wagon bridge across the Mississippi sºmsºmºsº-º-º-º-º- river at or near the city of Dabuque, in the State of Iowa. Be it enacted by the Senate and House of Representatives of Act authorizing the United States of America in Congress assembled, That the É.”.. act entitled. “An act to authorize the construction of a pon- Mississippi River ton wagon-bridge across the Mississippi River at or near tº the city of Dubuque, in the State of Iowa,” approved March 18 Stat. 5% third, eighteen hundred and seventy-five, be amended by striking out of section two of said act the word “five” and inserting in lieu thereof the word “four,” Approved, May 29, 1884. June 7, 1884. CHAP. 72.- An Act to declare the Cantilever Bridge constructed by Vol. 23, p. 39. the Niagara River Bridge Company across the Niagara River a Post --- Route. Be it enacted by the Senate and House of Representatives of gan tiley er the United States of America in Congress assembled, That the ..º.º. Cantilever Bridge and its appurtenances which has been ed a lawful strug-constructed across the Niagara River from a point on the 5.”* * right bank of the Niagara River between the Falls of the Niagara and the mountain ridge above Lewiston, to a point in Canada on the left bank of the said River, in pursuance of the Provisions of an Act of the Legislature of the State of New York entitled “An Act to Incorporate the Niagara River Bridge Company ” passed on the thirteenth day of July, one thousand eight hundred and eighty-one, or any Act or Acts of the said Legislature now in force amending the same, is hereby declared to be a lawful structure and an established Post Route for the mail of the United States. ' Received by the President, May 27, 1884. [NotE By THE DEPARTMENT OF STATE–The foregoing act having been presented to the President of the United "OVER NAVIGABLE WATERS OF TFIE UNITED STATES. 175 States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] CHAP. 81.—An Act to authorize the construction of bridges across June 12, 1884. the Wisconsin, Chippewa, and Saint Croix Rivers, in the State of Vol.23, p. 41. Wisconsin. *-*=========== Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bridges across Winona, Alma and Northern Railway Company, a corpora. Bºš tion existing under the laws of the State of Wisconsin, and Saitºroix Riv. having authority to build its line of railroad from a point” in the State of Illinois, through the State of Wisconsin, to a...point in the State of Minnesota, be, and is hereby, author. ized to construct and maintain, for the purpose of making a more perfect connection of its said line, the following railroad bridges, to be used by it, its successors or assigns, for railway purposes, over the rivers and at the localities named follow- ing, that is to say: Across the Wisconsin River, near the city of Prairie du Chien, Wisconsin, at the most suitable and convenient point within five miles of the confluence of the Wisconsin with the Mississippi River; across the Chippewa River, within five miles of its confluence with the Missis- sippi River; and across the Saint Croix River or Lake, at the most suitable and convenient point between the mouth of the Saint Croix River and the town of Hudson, Saint Croix County. SEC. 2. That any bridge built under this act shall be con- Construction. Structed and built without material interference with the security and convenience of navigation of said rivers, or . Free naviga- either of them, beyond what is necessary to carry into effect.” the rights and privileges hereby granted; and in order to secure a compliance with these conditions the corporation, previous to commencing the construction of the bridge, or of the accessory works in the booms, dikes, or piers designed to secure the best practical channel-way for navigation and confine the flow of the water to a permanent channel, and for the guiding of steamboats and rafts safely through the draw- spans at said point, shall submit to the Secretary of War a Plan to be sub- plan of the bridge and of such accessory works, together ;: tº: with a detailed map of the river at the proposed site of the retary of War. bridge and for a distance of a mile above and below the site, together with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed condi- tions of this act; that, as nearly as practicable, the said bridge shall be at right angles to and the piers parallel with the current of said river; and if it be found hereafter that . the said bridge or accessory works materially interfere with the security and convenience of navigation of said river be- yond what is necessary to carry into effect the rights and privileges hereby granted, by reason of any defect or failure 176 LAWS RELATING TO CONSTRUCTION OF BRIDGES in the accessory works aforesaid to accomplish the purpose for which they are designed, it shall be the duty of the Sec- retary of War to require the necessary changes to be made therein in the interest of navigation, at the expense of the Proviso. owners: Provided, That as to any bridge built under this act, if the said bridge shall be made with unbroken and Spans. continuous spans, it shall not be of less elevation in any case than fifty feet above extreme high-water mark, as under- stood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred feet in length, and the main span shall be over the main channel of the river and not less than two hundred Proviso. feet in length: And provided also, That if any bridge built under this act shall be constructed as a draw bridge, the Pivot - draw same shall be constructed as a pivot-drawbridge, with a bridge. draw over the main channel of the river at an accessible and SpanS. navigable point, and with spans not less than ten feet above extreme high-water mark at the point of location, and of not less length than stipulated below for the several bridges, namely: Over Lake Saint Croix the draw-spans shall not be less than one hundred and sixty feet, and over the Chip- pewa River, the draw-span shall not be less than one hun- dred and forty feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall not be less than one hundred and forty feet; over the Wiscon- sin River the draw-spans shall not be less than one hundred feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall be not less than one hundred, and twenty-five feet in length, unless other- wise expressly directed by the Secretary of War, and if so Proviso. directed shall be according to such direction: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or cor- poration shall maintain, at its own expense, from Sunset till Lights and sig-sunrise, such lights or other signals on said bridge as the "Hoviso. Light-House Board shall prescribe: Provided also, That all railway companies desiring to use said bridge shall have Privileges, of and be entitled to equal rights and privileges in the passage ** of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Sec- retary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. Notice, of ap- SEC. 3. That the Secretary of War is hereby authorized §§.; and directed, upon receiving any such plans and map and º,” be other information, and upon being satisfied that a bridge 5* * ~ *-*, * v-z- built on such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approve the plan and location of said bridge and ac- cessory works, and notify the company of the same, the bridge shall not be; and should any change be ma e in the plan of the bridge or said accessory works, during the prog- OVER NAVIGABLE WATERS OF THE UNITED STATES. 177 ress of the work thereon, such change shall be subject like- wise to the approval of the Secretary of War. SEC. 4. That any bridge and accessory works, when built Declared alaw; and constructed under this act and according to the terms;...” and limitations thereof, shall be a lawful structure; an said bridge shall be recognized and known as a post-route, upon which also 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 railroads or public high- ways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United . Charges for States; and Congress reserves the right at any time to reg- ſººn pas- ulate by appropriate legislation the charges for freight and passengers over said bridge. SEC. 5. That the United States shall have the right of Right of way way for postal telegraph across said bridges. º ostal tele. SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved ; and the right to require any changes in such structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interests require it, is also expressly reserved. Approved, June 12, 1884. º: CHAP. 82. —An Act to authorize the construction of a bridge across June 12, 1884. the Missouri River at a point to be selected between the north and Vol. 23, p.43. the south line of the county of Douglas, State of Nebraska, and to — make the same a post-route. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the , Bridge across Nebraska Central Railway Company, an incorporation or- #.”; ganized under the laws of the State of Nebraska, is herebyº ty, Ne- authorized to construct and maintain a bridge across the “ Missouri River at such a point as may be hereafter selected by said corporation between the north and the south line of the county of Douglas, in the State of Nebraska, and at least one-third of a mile from any other bridge, as shall best promote the public convenience and welfare and the neces- sities of business and commerce, and also to construct ac- cessory works to secure the best practicable channel-way for navigation and confine the flow of the water to a per- manent channel at such point, and also to lay on and over said bridge a railway track for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point; and said corporation shall Construct and maintain ways for wagons, carriages, and for foot-passengers, charging and receiving reasonable toll therefor as may be approved from time to time by the Sec- retary of War: Provided said bridge and all property be. Proviso. longing to or connected with the bridge shall be constructed, maintained and used as a combined railway and wagon bridge for the safe and convenient passage of wagons, car- riages, stock, steam-cable and street-cars and all road 1574 BR-12 178 LAWS RELATING TO CONSTRUCTION OF BRIDGES travel; but the same track, shall not be upon the same space, aS used for railroad track and cars. SEC. 2. That said bridge shall be constructed and built without material interference with the security and conven- Navigation...ºfience of navigation of said river beyond what is necessary ** to carry into effect the rights and privileges hereby granted; and in order to secure that object the said company or cor- wº poration shall submit to the Secretary of of War, for his ex- roved by #, amination and approval, a design and drawings of the bridge Sºetary of and a map of the location, giving, for the space of one mile º above and Olie mile below the proposed location, the topog- raphy of the banks of the river, the shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 Proviso. by the Secretary of War the bridge shall not be built: Pro- wided, That if the said bridge shall be made with unbroken Spans. and continuous spans, it shall have three or more channel spans, and shall not be of less elevation in a y case than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and pot less than three hun- Proviso. dred feet in length: And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, lºot draw the same shall be constructed as a pivot-draw bridge, with * * * a draw over the main channel of the river at an accessible Spans. and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next ad- joining span or spans to the draw shall not be less than three hundred feet, and the head room under Such span shall not Proviso. be less than ten feet above high-water mark: Provided also, That said draw shall be opened promptly upon reasonable Lights and sig. signal for the passing of boats; and said company or cor- mals. poration shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Proviso. Light House Board shall prescribe : Provided also, That all railway companies desiring to use Said bridge shall have and Privileges, to be entitled to equal rights and privileges in the passage of ** the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Sec- retary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. Notice of ap- SEC. 3. That the Secretary of War is hereby authorized proval. and directed, upon receiving such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such local- ity will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon OWER NAVIGABLE WATERS OF THE UNITED STATES. 179 receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the ap- proved plan and location ; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be sub- ject likewise to the approval of the Secretary of War; and in case of any litigation arising from any obstruction or al- leged obstruction to the free navigation of said river caused or alleged to be caused by said bridge the case may be brought in the circuit court of the United States of the State of Nebraska or State of Iowa in which any portion of said obstruction or bridge may be located. SEC. 4. That the said bridge and accessory works, when , Declared a law. built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized and known as a post- route, upon which also 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 railroads or public highways leading to said bridge; and said bridge shall en- joy the rights and privileges of other post-routes in the ful structure, and a post-route. United States; and Congress reserves the right at any time, Charges for to regulate by appropriate legislation the charges for freight and passengers over said bridge. freight and pas- Sengers. SEC. 5. That the United States shall have the right of . Right of way way for such postal-telegraph lines across said bridge as the Government may construct or control. SEC. 6. That Congress shall have power at any time to alter, amend, or repeal this act so as to prevent or re- move all material and substantial Obstruc ions to the navi- gation of said river by the constructiou of said bridge and its accessory works; and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of or persons controlling such bridge. Received by the President, May 31, 1884. [NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United State for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] CHAP. 99.-An Act to authorize the construction of a bridge across the Missouri River at some accessible point within ten miles north and ten miles south of the town of Rulo, in the county of Richardson, in the State of Nebraska. Be it enacted by the Senate and House of Representatives of for postal t e le- graph. June 18, 1884. Vol. 23, p. 45. ºs-ºsmºsº- the United States of America in Congress assembled, That the Bridge across Atchison and Nebraska Railway Company, an incorpora- the Missouri Riv- e r, Richardson tion organized under the laws of the State of Nebraska, is County, Nebras. hereby authorized to construct and maintain a bridge across the Missouri River at such a point as may be hereafter se- lected by Said corporation within ten miles north and ten 3. 180 LAWS RELATING TO CONSTRUCTION OF BRIDGES Construction. Tolls. Plans to be sub- mitted to Secre- tary of War for his approval. IProviso. Spans. Froviso. Pivot - dra W. bridge. Spans. Proviso. Draw. Lights and sig- mals. Proviso. miles south of the town of Rulo, in the county of Richard- son, in the State of Nebraska, as shall best promote the public convenience and welfare and the necessities of busi- ness and commerce, and also to construct accessory works to Secure the best practicable channel-way for navigation and confine the flow of the water to a permanent channel at Such point, and also to lay on and over said bridge a rail- way track for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point; and said corporation may construct and main- tain Ways for wagons, carriages, and for foot-passengers, Charging, and receiving reasonable toll therefor as may be approved from time to time by the Secretary of War. SEC. 2. That said bridge shall be constructed and built Without interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings 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, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built : Pro- vided, That if the said bridge shall be made, with unbroken and continuous spans, it shall have three or more channel spans, and shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length : And provided also, That if any bridge built under this act shall be constructed as a draw- bridge, the same shall be constructed as a pivot-draw bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under Such span shall not be less than ten feet above high-water mark: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and Said com- pany or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: Provided also, That all railway companies desiring to use said bridge shall ovKR NAVIGABLE WATERS OF THE UNITED STATES. 181 have and be entitled to equal rights and privileges in the Privileges, of passage of the same, and in the use of the machinery and ** fixtures thereof, and of all 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. 3. That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at Such locality will conform to the prescribed conditions of this act, Notice of ap- to notify the company that he approves the same; and upon * receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the ap- proved plan and location; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and in case of any litigation arising 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 circuit court of the United States of the State of Ne- braska or State of Iowa in which any portion of said ob- struction or bridge may be located. SEC. 4. That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized and known as a post- Declared alaw. route, upon which also no higher charge shall be made for fºund 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 railroads or public highways ieading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time ... Gharges for to regulate by appropriate legislation the charges for freight;" " and passengers over said bridge. SEC. 5. That the United States shall have the right of tº jº way for such postal-telegraph lines across said bridge as the ºp;" “ Government may construct or control. SEC. 6. That Congress shall have power at any time to alter, amend, or repeal this act so as to prevent or remove all material and substantial obstructions to the navigation of said river by the construction of said bridge and its ac- cessory works; and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of or persons controlling such bridge. Received by the President, June 6, 1884. [NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] 182 LAWS RELATING TO CONSTRUCTION OF BRIDGES June 20, 1884. CHAP. 101.—An Act to give the assent of Congress to the construc- Vol. 28, p. 47, tion of a free bridge by the mayor and city council of Nashville, Ten- -- nessee, over the Cumberland River, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That º the city of Nashville, a corporation organized under the º §: laws of the State of Tennessee, be, and is hereby, authorized Tenn. to construct and maintain a bridge, and approaches thereto, Over the Cumberland River at the most accessible point within the corporate limits of the said city of Nashville, county of Davidson, and State of Tennessee. Said bridge shall be constructed to provide for the free passage of Wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, and for such street railways as may be authorized by the city of Nashville to be constructed OVer the same. Declared a law; SEC. 2. That any bridge built under this act and subject jº" to its limitations shall be a lawful structure, and shall be recognized and known as a post-route; and it shall enjoy the rights and privileges of other post-roads in the United Proviso. States: Provided, That the United States may construct a *::::: !... postal telegraph over said bridge without charge therefor. *g. SEC. 3. That if said bridge shall be made with unbroken pans. and continuous spans, the spans thereof shall not beless than one hundred and sixty-four feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least thirty-four feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current Proviso. of the river: Provided, That if the same shall be con- Praw-pivot structed as a draw-bridge, the draw or pivot shall be over *ś, the main channel at an accessible point, and the spans shall not be less than one hundred and sixty feet in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to, the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to Proviso. the lowest part of the superstructure of said bridge: Pro- Draw. vided also, That the said draw shall be opened promptly by said corporation upon reasonable signal for the passage of boats; and said corporation shall maintain, at its own ex- Lights and sig. pense, from sunset till sunrise, such lights or other signals nals. on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the author- ity of this act which shall at any time substantially or ma- terially obstruct the free navigation of said river; and if any bridge erected under such authority shall, in the opin- ion of the Secretary of War, obstruct such navigation, he tº: aſſifi is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such ob- struction ; and all such alterations shall be made and all such obstructions be removed at the expense of said city of Nashville; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, * OWER NAVIGABLE WATERS OF THE UNITED STATES. 183 the case may be brought in the circuit court of the United States of the middle district of Tennessee in which any por- tion of said obstruction or bridge may be located: Provided Proviso. further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now exist- ing 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 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 corporation shall submit to the Secre- tary of War, for his examination and approval, a design, Plans and loca- and drawings of the bridge, and a map of the location, giv-º". ing, for the space of one mile above and one mile below theº.º. for proposed location, the topography of the banks of the river,” the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the progress of con- struction, such change shall be subject to the approval of the Secretary of War. SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved ; and the right to require any changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. Approved, June 20, 1884. - CHAP. 105.—An Act to authorize the construction of a highway June, 20, 1884. bridge across that part of the waters of Lake Champlain lying be- vol.33, p. 49. tween the towns of North Hero and Alburgh, in the State of Ver- lm Ont. Be it enacted by the Senate and House of Representatives of Highway bridge the United States of America in Congress assembled, That theº proper authorities of the towns of North Hero and Al-ćrandisie Coun. burgh, in the county of Grand Isle, in the State of Ver. "Y Yº". mont, be, and they are hereby, authorized to construct, maintain, and use a highway bridge at some convenient point across that part of the waters of Lake Champlain which divide the aforesaid towns. “ SEC. 2. That the structure authorized by the preceding Construction. Section shall be built and located under and subject to such - regulations for the security of navigation of such waters as security of the Secretary of War shall prescribe, and shall be provided "**** With such suitable and convenient draw as the said Secre- tary shall deem needful for the proper purposes of naviga- tion of width not less than that of the Samville Valley Ex- * 184 LAWS RELATING TO CONSTRUCTION OF BRIDGES Maintenance tension Railroad Company’s draw in their bridge across *...****** Missisquoy Bay; and the maintenance and management of 32 stat, 428, said structure shall be subject to such of the provisions of section six of chapter fifty-two of the acts of the Second ses- sion of the Forty-seventh Congress as the Secretary of War may, from time to time, deem needful; and the authority to erect and continue said bridge shall be subject to revocation and modification by law whenever the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States. Act amended, SEC. 3. That the right to alter, amend, or repeal this act etc. is hereby expressly reserved. Approved, June 20, 1884. June 23, 1884, CHAP. 118.—An Act to authorize the construction of a bridge across Vol. 23, p. 50. the Missouri River at the city of Leavenworth, Kansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it Bridgeoyer the shall be lawful for the Leavenworth Bridge Company, a #... corporation organized for that purpose under the general ECans. corporation laws of the State of Kansas, or its assigns, to construct, under and subject to the conditions and limita- tions hereafter provided, a bridge across the Missouri River, at the city of Leavenworth, Kansas, and lay on and Over said bridge railway tracks, for the more perfect connection of any and all railways that now are, or which may here- after be, constructed to the Missouri River at the city of Leavenworth, or to the river on the opposite side of the same, near the city of Leavenworth, and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot-passengers, and to keep up and maintain and oper- ate said bridge for the purposes aforesaid; and that When said bridge is constructed all trains of all railroads termi- Privileges of nating at said river, and on the opposite side thereof, at the other railroads city of Leavenworth, Kansas, shall be allowed to cross said bridge for reasonable compensation to be made to the owners of the same; and if the amount of said compensation Can- not be agreed upon by the parties, the same shall be fixed by the Secretary of War. The owners of said bridge may Tolls; rates to also charge and receive reasonable compensation or tolls for łºśthe transit over said bridge of all wagons, garriages, vehicles, War. . animals, and foot-passengers: Provided, That the Secretary Proviso. of War may at any time prescribe such rules, regulations, and rates of toll for transit and transportation over said bridge as may be deemed proper and reasonable. , Construction. SEC 2. That any bridge built under the provisions of this act may, at the option of the corporation building the same, be built as a draw-bridge, with a pivot or other form Proviso. of draw, or with unbroken or continuous spans: Provided, Continuous That if the same shall be made of unbroken continuous spans. spans, it shall not be in any case of less elevation than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the Superstructure, OVER NAVIGABLE WATERS OF THE UNITED STATES. 185 with straight girders; nor shall the spans of said bridge be less than three hundred feet in the clear at low-water mark; and the piers of said bridge shall be parallel with Piers. the current of the river, and the main span shall be over the main channel of the river: And provided also, That if Proviso. a bridge shall be built under this act as a draw-bridge, the Draw-bridge. same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than two hundred feet in length in the clear on each side of the cen- tral or pivot-pier of the draw ; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet; and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river: And Proviso. provided also, That said draw shall be opened promptly, upon reasonable signal, without unnecessary delay; and Lights and sig- said company or corporation shall maintain, at its own ex- “ pense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe, and such sheer-booms or other structures as may be neces- sary to safely guide vessels, rafts, or other water-crafts safely through said draw-openings, and as shall be designated and required by the Secretary of War: And provided further, Proviso. That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and confine the flow of the water to a perma-_. Navigation . neut channel, and to do whatever may be necessary to ac-àºa”" complish said object, but shall not imped or obstruct the nº. . navigation of said river, and shall be liable in damages for secretary of war all injuries to private property; and all plans for such works” ”*P* Or erections upon the banks of the river shall first be sub- mitted to the Secretary of War for his approval: And pro- Proviso. vided further, That any bridge built under the provisions Of this shall be at right angles to the current of the river. SEC. 3. That no bridge shall be erected or maintained ...Free naviga. under the authority of this act which shall at any time sub. ** Stantially or materially obstruct the free navigation of said river; and no bridge shall be commenced or built under this act until the location thereof and the plans and specifica-, Location, etc.; tions for its construction shall have been submitted to and ...'...º.º. approved by the Secretary of War; and any change in the War. plan of such construction or any alteration in the bridge after its construction, shall be subject to the like approval; and whenever said bridge shall, in the opinion of the Secre. tary of War, Substantially obstruct the free navigation of Said river, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually ob- Viate such obstruction; and all such alterations shall be made, and all such obstructions be removed, at the expense of the owner or owners of said bridge, or persons control- ling the same; and in case of any litigation arising from any obstruction or alleged obstruction to the free naviga- tion of the Missouri River, at or near the crossing of said 186 LAWS RELATING TO CONSTRUCTION OF BRIDGES bridge, caused or alleged to be caused thereby, the cause shall be commenced and tried in the circuit courts of either judicial district of Kansas or Missouri in which the said bridge or any portion of such obstruction touches. Declared apost SEC. 4. That any bridge built under this act, and accord- *...**ing to its limitations, shall be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for the transportation Over the same of the mails, the troops, and munitions of War of Lights and safe the United States than the rate per mile paid for their trans- flº º portation over the railroad or public highways leading to : "ient of we such bridge. Such light shall be kept upon said bridge foſſºgº.p.ſ. as the Light-House Board shall direct; and said bridge telephone lines shall moreover be provided with all proper safeguards for the security of person and property. The United States shall also have the right to construct, without chargethere- for, telegraph or telephone lines across said bridge. SEC. 5. That Congress may at any time alter, amend, or repeal this act. Received by the President June 11, 1884. [NOTE BY THE DEPARTMENT OF STATE.—The forego- SS, ing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] June 24, 1884. CHAP. ll.9.—An Act to authorize the Oregon Pacific Railroad Com- Vol. 23, p. 52. pany to construct one or more bridges across the Willamette River, — in the State of Oregon, and to establish them as post-roads. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the Oregon Pacific Railroad Company, a corporation created and existing under and by virtue of the Bridges across laws of the State of Oregon, to build one or more bridges #º..." across the Willamette River, in said State, at such points, not exceeding two, between Salem and the head of the nav- igation of said Willamette River, as may be selected by the said railroad company, and to lay on or over said bridge or bridges railway tracks for the more perfect connection of the railway tracks they may hereafter build to the points to be selected for crossing the said river. Construction. SEC. 2. That any bridge built under the provisions of this act may, at the option of Said railway company, be built as a draw-bridge, or with unbroken or continuous spans: Pro- Proviso. vided, That if any such bridge shall be made with unbroken Continuous and continuous spans, the spans thereof Over and above the SpanS. channel or channels of said river shall not be less than two hundred feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be of such height above extreme high water mark, as understood at the point of location, as the Secretary of War may prescribe, and the over NAVIGABLE WATERS OF THE UNITED STATES. 187 bridge shall be at right angles to and its piers parallel with the current of the river: Provided, That if any bridge built Proviso. under this act shall be constructed as a draw-bridge, the Draw-bridge. same shall be constructed with an opening over the center of the channel, of such width as the Secretary of War shall determine, and which shall be at least one hundred feet in the clear, and the piers of said bridge shall be parallel with Piers. the current, and the draw of said bridge shall be over the main or deep channel of the river, as may be fixed and de- termined by the Secretary of War; Provided also, That said Proviso. draw shall be opened promptly upon reasonable signal for the passage of boats, vessels, or other water-crafts, and in no case shall unnecessary delay occur; 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 Lights, sig- Light-House Board shall prescribe, and such sheer-booms or”;serbooms. other structures as may be necessary to safely guide vessels, boats, rafts, or other water crafts safely through said draw openings as shall be designated and required by the Secre- tary of War: And provided also, That said bridge, at the Proviso. option of the corporation or company by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passen- gers, for such reasonable rates of toll as may be approved Toll. from time to time by the Secretary of War. SEG. 3. That any bridge authorized to be constructed ...**** under this act'shall be a lawful structure, and shall be rec-iāºrdistructure. ognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, upon which also 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, or for through passengers or freight passing over said bridge, than the rate per mile for their transportation over the railroads leading to the said bridge ; and the United States shall Right of wa have the right of way for a postal telegraph and telephone ; º lines without charge therefor across said bridge. Said bridge 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 º º: Secretary of War, for his examination and approval, a de-º; ; sign and drawings of the bridge, and a map of the location, ;. º 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 currents at all stages, and the sound- ings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the progress of con- Struction, such change shall be subject to the approval of the Secretary of War. 188 LAWS RELATING TO CONSTRUCTION OF BRIDGES R i g h t t o amend, etc. % July 3, 1884. Vol. 23, p. 67. *m-sº SEC. 4. That the right to alter, amend, or repeal this act is hereby expressly reserved ; and the right to require any changes in said structure, or its entire removal, at the ex- pense of the owners thereof, or the corporations or persons controlling the same, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, June 24, 1884. CHAP. 149.—An Act to authorize the construction of a bridge over the Missouri River at or near Sibley, in the state of Missouri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it Bridge ºver shall be lawful for the Kansas City Topeka and Western Missouri River, at Sibley, Mo., for railway pur- poses, etc. Railroad Company, a corporation duly and legally incor- porated under and by virtue of the laws of the State of Kansas, its assigns or successors, to construct and maintain a bridge, and approaches thereto, over the Missouri River at or near Sibley, in the county of Jackson, in the State of Missouri. Said bridge shall be constructed to provide for the passage of railroad trains, and, at the option of the per- sons by whom it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of ani- mals, and for foot-passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary Of War. e SEC. 2. That any bridge built under this act and subject Declared alaw; to its limitations shall be a lawful structure, and shall be ful structure and post-route. recognized and known as a post-route, upon which no higher Tolls, freight charge shall be made for the transmission over the same of rates. Spans, &c. Proviso. Draw-bridge. Piers. the mails, the troops, and the munitions of war of the Uni- ted States, or passengers or freight passing over said bridge, than the rate per mile paid for the transportation over the railroad 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. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The low- est part of the substructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: Pro- wided, That if the same shall be constructed as a draw-bridge, the draw or pivot pier shall be at or near that shore nearest the channel of the river where, in the opinion of the Secre- tary of War, the passage through the draw at that point can be consistently maintained ; if not so constructed, then the draw-pier to be in the main channel, and the Opening or passage-way to be so protected that water-craft can be worked through it by lines when not safe to pass otherwise; and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the OVER NAVIGABLE WATERS OF THE UNITED STATES. 189 current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Provided also, That said draw shall be opened Proviso. promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other sig- Lights and sig- nals on said bridge as the Light-House Board shall prescribe,” and such sheer-booms or other structures as may be neces- sary to safely guide vessels, rafts, and other water-crafts through the said draw-openings, and as shall be designated. and required by the Secretary of War. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and if any bridge erected un- der such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to . Navigation not cause such change or alteration of said bridge to be made *P* as will effectually obviate such obstruction; and all such al-Alteratigns at terations shall be made and all such obstructions be removed; "“” at the expense of the owner or owners or of the persons or corporation controlling such bridge. And in case of any litigation arising 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 cir- cuit court of the United States of the State of Missouri in which any portion of said obstruction or bridge may be lo- cated: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navi- gation of rivers, or to exempt this bridge from the operation Of the Same. SEC. 4. That all railroad companies desiring the use of . Other railroads said bridge shall have and be entitled to equal rights and ºil.” privileges relative to the passage of railway trains over the same, and Over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge, or persons or corporation controlling the same, and the several railroad companies, or any of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all mat- ters at issue between them shall be decided by the Secre- tary of War, upon a hearing of the allegations and proofs of the parties. SEC. 5. That any bridge authorized to be constructed ... Plans and loca. under this act shall be built and located under and subject." ... *. to such regulations for the security of navigation of said Secretary of War river as the Secretary of War shall prescribe; and to se-" " cure that object the said company or corporation shall sub- mit to the Secretary of War, for his examination and approval, a design and drawings 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, the direction and strength of the currents at all 190 LAWS RELATING TO CONSTRUCTION OF BRIDGES stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 ap- proved by the Secretary of War the bridge shall not be built ; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC, 6. That the right to alter, amend, or repeal this act is hereby expressly reserved : Provided, That nothing herein contained shall be construed to abridge any constitutional power which either Congress or the State of Missouri may have over the regulation of charges for freight or passen- gers over said bridge Received by the Président, June 21, 1884. [NOTE BY THE DEPARTMENT OF STATE.—The forego- ing act having been presented to the President of the Uni- ted States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the Uni- ted States, has become a law without his approval.] July 5, 1884. CHAP. 215.-An Act to authorize foot and carriage or railroad bridges Vol. 23, p. 104. across the Mississippi River at Saint Paul, in the State of Minnesota. Be it enacted by the Senate and House of Representatives of Bridges across the United States of America in Congress assembled, That the *::::sº common council of the city of Saint Paul, in the State of Minn. Minnesota, and its successors, are hereby authorized and empowered to erect, establish, and maintain, or authorize the erection, establishment, and maintenance, of one or more foot and carriage or railroad bridge or bridges across the Mississippi River, extending from such point or points to be selected as lie between the easterly and westerly boun- daries of said city to a point or points on the opposite side of said river, now known as the sixth ward of said city; Free naviga. that said bridge or bridges 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; Litigation, and in case of any litigation arising from any obstruction ** or alleged obstruction to the free navigation of said river, the cause may be tried before the Federal court of the United States in the district in which such bridge or bridges may be situated. Draw-bridge, SEC. 2. That any bridge or bridges built under the provis- jan. ****ions of this act may, by direction of said common council, be built as a draw-bridge, with a pivot or other form of draw, or with unbroken or continuous spans: Provided, That if Construction, said bridge or bridges shall be made with unbroken and continuous spans, it shall not be of less elevation in any case than fifty-five and one half feet above extreme high- water mark over the main channel of said river, as under- stood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge or bridges give a OVER NAVIGABLE WATERS OF THE UNITED STATES. 191 clear width of water-way of less than two hundred and fifty feet, and the piers of said bridge or bridges shall be parallel with the current of said river, and the main span shall be over the main channel of the river and give a clear width of water-way of not less than three hundred feet. And provided also, That if any bridge or bridges built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot-draw bridge, with a draw over the main channel of the river at an accessible and the best navigable point, and with spans giving a clear width of water-way of not less than one hundred and sixty feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of water-way of not less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low-water mark and not less than ten feet above ex- treme high-water mark, measuring to the bottom chord of the bridge or bridges, and the piers of said bridge or bridges shall be parallel with the current of the river where said bridge or bridges may be erect, d: And provided also, Proviso. That said draw shall be opened promptly upon reason- able signal for the passage of boats, vessels or other water- craft; Provided however, That no bridge or bridges shall be built under the provisions of this act except there also be built at the time of the erection of the piers, proper sheer-booms or other proper protection to safely guide sheer-booms. boats, vessels, rafts and other water crafts through said spans and at the expense of the city of Saint Paul, or of the persons or corporation constructing, owning, or Operat- ing said bridge SEC 3 That any bridge or bridges constructed under this Declared a act and according to its provisions and conditions shall be ***. e e Trans mission a lawful structure or structures, over which may be trans- of mails, troops, mitted the mails, troops, and the munitions of war of the 㺠re e of United States free of charge; and the United States shall Right of way have the right of way for a postal telegraph and telephone º #: lines free of charge across said bridge or bridges, and may phone ines re. declare the same to be a postal route. served. SEC. 4 That the structure or structures herein authorized shall be build and located under and subject to such regu- lations for the security of navigation of said river as the Secretary of War shall prescribe not however to be in any wise inconsistent with any of the provisions or conditions of this act; and to secure that object the said common council, Plans, etc., to shall submit to the Secretary of War, for his examination §:...ºw: and approval, a design and drawing of said bridge or for approval. bridges and other accessory works provided for in this act and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topog- raphy of the banks of the river, the shore-lines at high and low water, the direction and strength of the current at ail Stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges and Shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge or bridges and 192 LAWS RELATING TO CONSTRUCTION OF BRIDGES other accessory work provided for in this act are approved by the Secretary of War the bridge or bridges shall not be built; and should any change be made in the plan of said bridge or bridges during the process of construction, such change shall be subject to the approval of the Secretary of War; and the said structure or structures shall be at all times so kept and managed as to offer reasonable and proper . means for the passage of vessels through or under said structure or structures; and to secure the safe passage of vessels at night there shall be displayed on said bridge or Lights and bridges, from the hour of sunset to that of sunrise, such signals. Booms, dikes, and piers; con- lights as may be prescribed by the Secretary of War; and the said structure or structures shall be changed at the cost and expense of said city of Saint Paul, from time to time as Congress may direct, so as to preserve the free and conven- ient navigation of said river; and the authority to erect and continue said bridge or bridges shall be subject to revo- cation and modification by law whenever the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States. SEC. 5. That it shall be the duty of the Secretary of War, on satisfactory proof that a necessity exists therefor, to re- Quire the company or persons owning said bridge to cause such aids to the passage of said bridge to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper sºuci.” a. a structures for confining the flow of water to a permanent maintenance of; penalty for fail- TIT6). Rights reserved. July 5, 1884. Vol. 23, p. 106. Bridge at Ton- awanda, N. Y. channel and for the guiding of rafts, steamboats, and other water-craft safely through the draw and raft-spans, as shall be specified in his order in that behalf; and on the failure Of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any circuit court of the United States in which such bridge, or any part , thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. SEC. 6 That the right to alter, amend, or repeal this act is hereby expressly reserved ; and the right to require any changes in such structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it is also expressly re- Served Approved, July 5, 1884. CHAP. 216.—An Act respecting a bridge at Tonawanda, in the State of New York. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any bridge erected in pursuance of chapter two hundred and seventy-nine of the laws of the State of New York of the OVER NAVIGABLE WATERS OF THE UNITED STATES. 193 year eighteen hundred and eighty-three, entitled “An act to incorporate the Tonawanda Island Bridge Company for the purpose of constructing and operating a bridge from Tonawanda Island to North Tonawanda” is hereby declared . Declared a law- to be a lawful structure: Provided, That said bridge shall "#.” not be built or commenced until the plan and location of the bridge have been submitted to the Secretary of War and by him approved. SEC. 2. That the right of Congress to alter, amend, or Right of Con- repeal this act is hereby expressly reserved. fººl, Approved, July 5, 1884. CHAP. 219.-An Act for a bridge across the Missouri River at White July 5, 1884. Cloud, in Doniphan County, Kansas. Vol. 23, p. 113. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chicago and Central Kansas Railroad Company, an incor- Bridge across poration organized under the laws of the State of Kansas, tºº. 3. is hereby authorized to construct and maintain a bridge Kans, s across the Missouri River, at such point as may be hereafter selected by said corporation, within one mile of the town of White Cloud, in the county of Doniphan and State of Kan- sas, as shall best promote the public convenience and wel- fare and the necessities of business and commerce, and also to construct accessory works to secure the best practicable channel-way for navigation and confine the flow of the water to a permanent channel at Such point, and also to lay on and over said bridge a railway track for the use of any rail- roads that are or shall be constructed to said river at or opposite said point; and said corporation may construct and maintain ways for wagons, carriages, and for foot-pas- sengers, charging and receiving reasonable toll therefor as may be approved from time to time by the Secretary of War. SEC. 2. That said bridge shall be constructed and built ...Free naviga. without interference with the security and convenience of..." navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in Plans, etc., to be order to secure that object the said company or corporation ..."; shall submit to the Secretary of War, for his examination approval, etc. and approval, a design and drawings 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, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built: Provided, Proviso. That if the said bridge shall be made with unbroken and Continuous continuous spans, it shall have three or more channel spans,” and shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point 1574 BR-13 194 LAWS RELATING TO CONSTRUCTION OF BRIDGES of location, to the lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less than three hundred feet in length : And provided also, That if any bridge built under this act shall be constructed as a draw- Draw-bridge, bridge, the same shall be constructed as a pivot-draw bridge, with a draw over the main channel of the river at an accessi- ble and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next ad- joining span or spans to the draw shall not be less than three hundred feet, and the head-room under such span shall not be Proviso. less than ten feet above local high-water mark: Provided also, That said draw shall be opened promptly upon reason- able signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset ***is till sunrise, such lights or other signals on said bridge as froviso. the Light-House Board shall prescribe : Provided also, That Rights, etc., of all railway companies desiring to use said bridge shall have ** and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Sec- retary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. tº; SEC. 3. That the Secretary of War is hereby authorized jºi. and directed, upon receiving such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notifiation the said company may proceed to an erection of said bridge, conforming strictly to the ap- proved plan and location; and should any change be made lººse in in the plan of the bridge or said accessory works, during plans, etc. the progress of the work thereon, such change shall be sub- ject likewise to the approval of the Secretary of War; and Litigation, in case of any litigation arising from any obstruction or alleged obstruction to thefree navigation of said river caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States of the State of Kansas or State of Missouri in which any portion of said obstruction or bridge may be located. Declared a law: SEC. 4. That the said bridge and accessory works, When ſº * built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; C harge for and said bridge shall be recognized and known as a post- #º.º. route, upon which also 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 railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any OVER NAVIGABLE WATERS OF THE UNITED STATES. 195 time to regulate by appropriate legislation the charges for freight and passengers over said bridge. SEC. 5. That the United States shall have the right of . Post al. tele- way for such postal-telegraph lines across said bridge as ** the Government may construct or control. SEC. 6. That Congress shall have power at any time to Right of Con- alter, amend, or repeal this act so as to prevent or remove ...:” all material and substantial obstructions to the navigation of said river by the construction of said bridge and its ac- cesssory works; and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of or persons controlling such bridge. Approved, July 5, 1884. CHAP. 229.—An Act making appropriations for the construction, re- July 5, 1884. pair, and preservation of certain public works on rivers and harbors, Vol. 23, p. 133. and for other purposes. ----------------- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 3& :* : ; :* :* SEC. 2. That the Secretary of War shall ” “ ” report Report to be whether any bridges, causeways, or structures, now erected ...”. or in process of erection do or will interfere with free and that door willin. safe navigation, and if they do or will so interfere, to reportº; the best mode of altering or constructing such bridges or tion. causeways so as to prevent any such obstructions $ * : ; jº: : ; SEC. 8. That whenever the Secretary of War shall have Bridges over good reason to believe that any railroad or other bridge ###". now or hereafter to be constructed over any of the naviga-ing navigation, ble waters of the United States, under authority of the . ."...s. United States or of any State or Territory, is an obstruction ...º to the free navigation of such waters, by reason of difficulty .#. º; in passing the draw-opening or the raft-span of said bridge, *Yigation. by rafts, steamboats, or other water craft, it shall be the duty of the said Secretary, on satisfactory proof thereof, to require the company or persons owning, controlling, or oper- ating said bridge to cause such aids to the passage of said draw-opening or of said raft-span, or of both said draw- opening and raft-span to be constructed, placed, and main- tained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of said rafts, steamboats, and other water-craft safely through said opening or span, or both said opening or span, as shall be specified in his order in that behalf; and on failure of the company or persons aforesaid to make Failure to con- and establish such additional structures within a reasonable:"..." time, the said Secretary shall proceed to cause the same to . be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney-Gen- eral of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any circuit or district court of the United States in which such bridge, or any part thereof, is located, for the recovery of the cost 196 LAWS RELATING TO CONSTRUCTION OF BRIDGES thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States: Provided, That no greater sum than fifteen thousand dollars Shall be required to be expended upon any one bridge in a Proviso. Single year: Provided further, That such sum of money as may be necessary to execute the provisions of this act is hereby appropriated, out of any money in the Treasury of Appropriation, the United States not otherwise appropriated, to be paid on the requisition of the Secretary of War. Sk Sk $ §§ $ Approved, July 5, 1884. July 5, 1884. CHAP. 231. –An Act granting the consent of Congress to the Saint Vol. 23, p. 154. Cloud Water Power and Mill Company to construct a dam across the -— Mississippi River at Saint Cloud Minnesota. Construction of Be it enacted by the Senate and House of Representatives of *** {{...; the United States of America in Congress assembled, That the River. Saint consent of Congress is hereby granted to the Saint Cloud Ş."” Water Power and Mill Company to construct across th thorized. pany SS € Mississippi River, at some point within the incorporated limits of the city of Saint Cloud, a dam, canal, and works necessarily incident thereto, for water-power and other pur- Wagon and poses, and in connection there with a wagon and foot-bridge toº. for public travel: Provided, That said dam shall be so con- Not to interfere structed as not to interfere with the existing dam and mill º, "...”s:#; at Sauk Rapids, and so that the Government of the United Rapids. States can at any time construct in connection there with a Proviso. suitable lock for navigation purposes: Provided also, That Rights of Gov; the Government of the United States may at any time take §§§ºes: possession of said dam, and control the same for purposes served. of navigation, by paying said company the actual cost of the same, but shall not do so to the destruction of the Tºroviso. water-power created by said dam : Provided further, That the Works be constructed SO as to provide for the free pas- sage of Saw-logs and rafts, and, when necessary, to permit Freepassage of the passage of boats, and, further, that such changes or :* * modifications in the works as the Secretary of War may from time to time deem necessary in the interest of naviga- tion shall be made, at the expense of the water-power com- Proviso. pany: Provided further, That in case of any litigation aris- ing from the obstruction of the channel by the dam, canal, or bridge, the cause may be tried in the district court of the United States in which the works are situated. SEC. 2. That the right to amend, alter, or repeal this act is hereby expressly reserved. t Approved, July 5, 1884. July 7, 1884. CHAP. 332. –An Act making appropriations for sundry civil ex- Vol. 23, p. 194. penses of the Government for the fiscal year ending June thirtieth, - eighteen hundred and eighty-five, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Appropriations, following sums be, and the same are hereby, appropriated OVER NAVIGABLE WATERS OF THE UNITED STATES. 197 for the objects hereinafter expressed for the fiscal year end- Sundry civil ex- ing June thirtieth, eighteen hundred and eighty-five, Pº namely: 3% # :}; # * |UNDER THE WAR DEPARTMENT. ARMORIES AND ARSENALS. # 3% 3% :: # For the Rock Island bridge as follows: Rock Island For care and preservation of the Rock Island bridge, and bridge. expenses of maintaining and operating the draw, nine thou- sand dollars. For protecting the Rock Island bridge by means of sheer- booms, two hundred and fifty dollars. # × :}; :}; #: For the replacement of a bridge across the Republican, Replacement of River, near Fort Riley, Kansas, under the direction of the jº. Secretary of War, ten thousand dollars, or so much thereof Fort Riley, Kanº as may be necessary; and the Treasurer of the United “ . States is hereby authorized and directed to reserve and re- tain out of any moneys due or that may become due from the Government of the United States to the State of Kan- sas a sum equal to the amount expended for the replace- ment of said bridge in accordance with the action of the legislature of Kansas approved November sixth, eighteen hundred and eighty-three : ; $ $ :: # Approved, July 7, 1884. CHAP. 30.- An Act to authorize the construction of bridges across the Jan. 21, 1885. Mississippi River one within the State of Minnesota and one be- Vol. 23, p. 285. tween the States of Minnesota, and Wisconsin. *mamma-as-s-s-s-s-sy Be it enacted by the Senate and House of Representatives of Chicago, Sain? * ſº tº º se g Paul, and Saint the United States of America in Congress assembled, That the ijs “...afi. Chicago, Saint Paul and Saint Louis Railroad Company, 99 pany ºth9. tº * ized to construct its successors and assigns, be, and they are hereby, author-ijägº ºne ized to construct and maintain a railroad bridge across the . Pº. Mississippi River at the most suitable point between the ings and Red cities of Hastings and Red Wing: Provided, That Congress "jºiso. may at any time prescribe such rules and regulations in re- gard to toll and otherwise as may be deemed reasonable. SEC. 2. That any bridge built under this act may, at the išº option of the company building the same, be built as a ...º. pivot-draw bridge or with unbroken or continuous spans: Spiºns. e tº s * Proviso. Provided, That if made with continuous or unbroken spans fivatiºn. it shall not be of less elevation in any case than fifty-five and one-half feet above extreme high-water mark, as under- stood at the point of location, to the bottom chord of the bridge, nor shall the spans give a clear width of water-way of less than two hundred and fifty feet; and the main span Spans. shall be over the main channel of the river, and give a clear § 198 LAWS RELATING TO CONSTRUCTION OF BRIDGES Water-way, width of water-way of not less than three hundred feet : And provided also, That any bridge built under this act as Draw. a pivot-draw bridge shall have a draw over the main chan- nel at an accessible and navigable point, and with spans giving a clear width of water way of not less than one hun- dred and sixty feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall give a clear width of water-way of not less than two hun- dred and fifty feet, and said spans shall not be less than thirty feet above low-water mark and not less than ten feet above extreme high-water mark, measured to the bottom Proviso. chord of the bridge: Provided, That said draw shall always Signals. be opened promptly upon reasonable signal; and said com- pany, or its successors and assigns, shall at all proper times Lights. keep and maintain such lights as the Light-House Board may direct ; and all plans for the construction of said bridge and approaches thereto must first be submitted to j." # §: the Secretary of War for his approval, and when the same ry of war.” shall be approved by the said Secretary the work thereon may be commenced and prosecuted to completion : And To be built at provided further, That as nearly as practicable the said #e. *bridge shall be at right angles to and the piers parallel with the current of said river: And provided further, That any change in the mode of construction of said bridge shall be first submitted to the said Secretary for his approval, and when approved the said company may then proceed , Free naviga. With the construction in accordance with said change: And .# * * provided further, That if said bridge when constructed shall, in the opinion of the Secretary of War, be a substantial ob- struction to the navigation of said river, the said Secretary shall require said company to change the construction thereof so as to avoid any serious and substantial obstruc- tion to the navigation of said river, at the expense of the owners of said bridge. rº";pº SEC. 3. That the bridge hereby authorized shall be a law- ... thºs. ful structure, and shall be a post-route, upon which no charges permile higher charge shall be made for the transportation of the mails of the United States, and the troops and munitions of war, or for passengers or freight passing over said bridge, than the rate per mile paid to railroads and transportation companies leading to said bridge. Railroad.com. SEC. 4. That all railroad companies desiring the use of jº said bridge shall have and be entitled to equal rights and privileges. privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon pay- ment of a reasonable compensation for such use ; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall wººtº be decided by the Secretary of War, upon a hearing of the upon "aij allegations and proofs of the parties: Provided, That the "#viso provisions of section three in regard to charges for pas- & sengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to d over NAVIGABLE WATERS OF THE UNITED STATES. 199 . the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. SEC. 5. That this act shall be subject, except as above Subject other- mentioned, to the limitations and provisions of an act en-Y. ; : titled “An act to authorize the construction of a bridge ions of ºct * across the Mississippi River at or near the town of Clinton, §tº: in the State of Iowa, and other bridges across said river, 2sº 17, ch. and to establish them as post-roads,” approved April first, "“” eighteen hundred and seventy-two. SEC. 6. That it shall be the duty of the Secretary of War, Secretary of on satisfactory proof that a necessity exists therefor, to re. ..."..."; quire the company or persons owning said bridge to cause; i.º. such aids to the passage of said bridge to be constructed, water # ºf placed, and maintained, at their own cost and expense, in . .”. the form of booms, dikes, piers, or other suitable and propertion,if necessary. Structures for confining the flow of water to a permanent channel and for the guiding of rafts, steamboats, and other Water-craft safely through the draw and raft-spans, as shall be specified in his order in that behalf. SEC. 7. That the United States shall have the right of U.S. to have way for postal telegraph across said bridge. #º: SEC. 8. That the right to alter, amend, or repeal this act Right to alter, is hereby expressly reserved; and the right to require any ...” changes in such structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall decide that the public interest require it is also expressly reserved. SEC. 9. That said company, its successors and assigns, same company may construct and maintain a bridge across the Mississippi ... .". River at a suitable point beteen the western limits of Hast- Mississippi River ings, Minnesota, and the western linits of Saint Paul, Min-H..."...dºs.; nesota: Provided, That the bridge authorized by this sec-Fºn. tion shall have all the privileges and be subject to all the “” terms, restrictions, reservations of power, and requirements Contained in the foregoing sections of this act. Approved, January 21st, 1885. CHAP. .144.—An Act to authorize the construction of a bridge across Feb. 25, 1885. the Saint Croix River at the most accessible point between Stillwater Vol. 23, p. 309. and Taylor's Falls, Minnesota. *-------------------sºme” Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Minneapolis, the Minneapolis, Sault Sainte Marie and Atlantic Railway jº. Company, a corporation organized under the laws of the Railway Compa- State of Wisconsin, be, and is hereby, authorized to con-tº. struct and maintain a bridge, and approaches thereto, over ...s. the Saint Croix River, between the States of Minnesota and water and º. Wisconsin, at the most accessible point between the city of ***** Stillwater and the village of Taylor's Falls, on said river. Said bridge shall be constructed to provide for the passage Passage of rail. of railway trains, and, at the option of the corporation by * * * Which it may be built, may be used for the passage of Wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as Rates of toll. may be approved from time to time by the Secretary of War. 200 LAWS RELATING TO CONSTRUCTION OF BRIDGES Not to impede SEC. 2. That any bridge built under this act shall be con- * * structed and built without material interference with the security and convenience of navigation of said river beyond What is necessary to carry into effect the rights and privi- leges hereby granted; and in order to secure a compliance with these conditions the corporation previous to com- mencing the construction of the bridge, or of the accessory works designed to secure the best practical channel-way for navigation and confine the flow of the water to a per- manent channel at said point, shall submit to the Secretary Plans, etc., to of War a plan of the bridge and accessory works provided }."j : for in this act, together with a detailed map of the river at War. the proposed site of the bridge and for a distance of a mile above and below the site, together with all other informa- tion touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to de- termine whether the said bridge, when built, will conform to the prescribed conditions of this act. That said bridge shall be constructed and built without material interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights |Proviso. and privileges hereby granted: Provided, That as to any bridge built under this act, if the said bridge shall be made Spans. with unbroken and continuous spans, it shall not be of less elevation in any case than fifty feet above extreme high- water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than one hundred and fifty feet in length, and the piers of said bridge shall be parallel with the cur- rent of said river, and the main span shall be over the main channel of the river and not less than one hundred and Proviso. fifty feet in length : And provided also, That if any bridge built under this act shall be constructed as a draw-bridge Draw. the same shall constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and the best navigable point, and with spans of not less than one hundred and ten feet in length in the clear on each side Proviso. of the central or pivot pier of the draw, Provided also, That said draw shall be opened promptly upon reasonable Signals. signal for the passing of boats, vessels, and other water- Proviso. craft: Provided, however, That no bridge shall be built under the provisions of this act except there also be built, at the time of the erection of the piers, proper sheer-booms or other proper protections to safely guide boats, vessels, rafts, and other water-craft through said draw-spans, and at the expense of the company or corporation erecting said bridge, and said company or corporation shall maintain, at its own Lights. expense, from sunset to to sunrise, such lights or other sig- nals on said bridge as the Secretary of War shall prescribe. Approval of SEC. 3. That the Secretary of War is hereby authorized ;º: and directed, upon receiving any such plan and map and construction is other information, and upon being satisfied that a bridge * built on such plan and with such accessory works and at such locality, will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may over NAVIGABLE waters of THE UNITED STATES. 201 proceed to an erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approves the plan and location of said bridge and ac- cessory works, and notify the company of the same, the bridge shall not be built; and should any change be made in the plan of the bridge or accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War, not, how- ever, to be in any wise inconsistent with the provisions or conditions of this act. e SEC 4. That any bridge and accessory works when built . Declared a law; and constructed under this act and according to the terms:“ and limitations thereof shall be a lawful structure; and said bridge shall be recognized and known as a post route, upon which also no higher charge shall be made for the trans- Rates as, to mission over the same of the mails, the troops, and the muni-É. “**** tions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of the other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passen- gers over said bridge, and the United States shall have the Right of way right of way for postal telegraph and telephone lines, free #" *::::: of charge, across said bridge. phone. SEC 5. That the right to alter, amend, or repeal this act Right to amend, is hereby expressly reserved; and the right to require any ſºº change changes in said structure, at the expense of the owners g thereof, whenever Congress shall decide that the public in- terests require it, is also expressly reserved. SEC. 6. That it shall be the duty of the Secretary of War Special struct. to require the company or persons owning said bridge to . . * .# cause such aids to the passage of said bridge authorized by #". the provisions of this act to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of rafts, steamboats, and other water-craft safely through the draw and raft spans, as shall be specified, in his order in that behalf; and on the failure of the com- pany or persons aforesaid to make and establish such addi- tional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the Penalty. expense of the United States, and shall, refer the matter without delay to the Attorney General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any circuit court of the United States in which such bridge or any part thereof, is located, for the recovery of the cost thereof, and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. SEC. 7. That the right to alter, amend, or repeal this act Same as see. 5. is hereby expressly reserved; and the right to require any changes in said structure, at the expense of the owners thereof, whenever Congress shall decide that the public in- terests require it, is also expressly reserved. Approved, February 25, 1885. 202 LAWS RELATING TO CONSTRUCTION OF BRIDGEs Feb.26, 1883. CHAP. 165.-An Act to authorize the construction of a bridge across e Vol. 22, p. 333. the Mississippi River at Memphis, Tennessee. M; pº Be it enacted by the Senate and House of Representatives of jº.º.º. the United States of America in Congress assembled, That :a::f $ the Tennessee and Arkansas Bridge Company, a corpora- the Tennessee tion Organized and created under and by virtue of the laws *...*.*.* of the State of Arkansas, and the Tennessee Construction Bridge Company, e & ge and the Tennes and Contracting Company, a corporation organized and .."; Created under and by virtue of the laws of Tennessee, be, Campany. " and the same are hereby, jointly authorized and empowered to erect, construct, and maintain a bridge over the Missis- Passage of rail. Sippi River from or near Memphis, in the State of Tennes- * * * see, to or near the town or Hopefield, in the State of Ar- kansas. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the cor- porations by which it may be built, may be used for the passage of Wagons and vehicles of all kinds, for the transit Toll. of animals, and for foot passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. Declared a SEC. 2. That any bridge built under this act and subject lºcº to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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, or for passengers or freight passing over said bridge, than the rate per mile paid for the transpor- tation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post roads in the United States. Spans. SEC. 3. That said bridge shall be made with unbroken and continuous spans; two spans thereof shall not be less than five hundred and fifty feet in length in the clear, and no span shall be less than three hundred feet in the clear. The lowest part of the superstructure of said bridge shall be at least sixty-five feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river. No bridge shall be erected or maintained un- der the authority of this act which shall at any time sub- tº: º: stantially or materially obstruct the free navigation of said je; * * river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navi- gation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually ob- viate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. And in case of any litigation arising from any obstruction or alleged obstruc- tion to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States in which any portion Proviso. of said obstruction or bridge may be located: Provided fur- ther, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing OVER NAVIGABLE waters ÓF THE UNITED STATES. 203 in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. SEC. 4. That all railroad companies desiring the use of Railroad com: said bridge shall have and be entitled to equal rights and ºt."; privileges relative to the passage of railway trains or carsgº. over the same, and over the approaches thereto, upon pay tº ment of a reasonable compensation for such use; and in ;*:::::: * case the owner or owners of said bridge and the Several - railroad companies, or any one of them, desiring Such use shall fail to agree upon the sum or sums to be paid, and upon 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: Provided, That the Proviso, as to provisions of section two in regard to charges for passengers ** and freight across said bridge shall not govern the Secre- tary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by Said railroad companies for the use of said bridge. SEC. 5. That any bridge authorized to be constructed ...Secretary ºf under this act shall be built and located under and subject Yºº to such regulations for the security of navigation of said ºy of nº river as the Secretary of War shall prescribe; and to secure * Maps, plans, that object the said companies or corporations shall submit;i,j }. *. to the Secretary of War, for his examination and approval, Secretary of War a design and drawings of the bridge, and a map of the loca.” tion, giving, for the space of two miles above and two miles below the proposed location, the topography of the banks of the river, the shore-lines at extreme high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 Secre- tary of War the bridge shall not be built ; and should any change be made in the plan of said bridge during the prog- ress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, amend, or repeal this act Specified rights is hereby expressly reserved; and the right to require any gº." changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly re- served. SEC. 7. That it shall be the duty of the Secretary of War, special struct. on satisfactory proof that a necessity exists therefor, to re-º: * * quire the companies or persons owning said bridge to cause bridge, etc. Such aids to the passage of said bridge to be constructed, placed, and maintained at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper Structures for the guiding of rafts, steamboats, and other Water-craft safely through the passage-way, as shall be Specified in his order in that behalf; and on failure of the Company or persons aforesaid to make and establish such Penalty. additional structures within a reasonable time, the said Sec- 204 LAWS RELATING TO CONSTRUCTION OF BRIDGES ! * retary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any circuit court of the United States in which such bridge or any part thereof, is located for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. Approved, February 26, 1885. Mar. 3, 1885. CHAP. 347.—An Act to empower the Secretary of War to permit the Vol. 23, p. 435. establishment, under certain conditions, of a horse-railway upon and -- over the island of Rock Island, and the bridges erected by the United States connecting the cities of Davenport and Rock Island there with. ; *... Be it enacted by the Senate and House of Representatives of #. ... the United States of America in Congress assembled, That the #º sº Secretary of War be, and he is hereby, authorized and em- ilway Com- * * © * * * * * tº º pany ºer island powered to permit the location, building, and keeping in º, *... repair upon the island of Rock Island, in the State of Illi- connecting with nois, and upon the arsenal bridges connecting said island ºff with the cities of Davenport, Iowa, and Rock Island, Illi- nois, in such manner as he, the Secretary of War, may deem fit, and so as to interfere as little as may be with the use of said island by the United States for a national armory and arsenal, a continuous line of double track railway, at the expense of the Davenport and Rock Island Street Railway Company which company shall have the privilege of run- ning their cars on and over the said railway, at their own Regulations, expense, under such regulations and restrictions as to times etc., to be made ū ; -- ~~ § i. s.r.º.”. and manner of running the cars and rates of fare as the #oviso. Secretary of War shall from time to time prescribe: Pro: Rººfare as vided, That the rate of fare for employees of the United #º." States at the Rock Island Arsenal from Rock Island and nited States. § ſe tº e tº Moline, in Illinois, and from Davenport, in Iowa to the ar- Senal shall not exceed two and one-half cents for one pas- Proviso as to senger for one way: Provided, further, That the rate of fare ** shall not exceed two and one-half cents for one passenger for one way during the bours from six until seven o'clock in the morning and from five until seven o’clock in the even- Secretary of ing. The Secretary of War is empowered to suspend or re- Nº. ... ... voke this privilege, and to remove said railway at any time discretion. in his discretion. Regulations for SEC. 2. That the Secretary of War is empowered to es- collecting and ac: tablish and enforce such rules and regulations as he may count in g for * * ſº mºneys of the deem fit for collecting from said railway company and for ‘....". g. holding, expending, and accounting to said Davenport and y Secre- e tary of war, his Rock Island Street Railway Company for the moneys re- jº" " " " quired for and expended in carrying out the provisions of section one of this act; and the decision of the Secretary of War as to the amount of moneys required therefor shall be final and binding on said railway company. Injury, etc., to SEC. 3. That if any person or persons shall willfully and dº... unnecessarily obstruct or impede the passage on or over over NAVIGABLE WATERS OF THE UNITED STATES. 205 said railway, or any part thereof, or shall injure or destroy sage, on road a the cars or any property belonging to said company, the "ß". person or persons so offending shall forfeit and pay for evry such offense the sum of twenty dollars to said Davenport and Rock Island Street Railway Company, and shall remain liable, in addition to said penalty, for any loss or damage occasioned by his, her, or their acts as aforesaid ; and that the suits therefor may be had in the courts of the United States having jurisdiction : Provided, That this clause and Proviso. penalty shall not apply to or restrict or affect in any way the officers or employees of the United States Government on said island in any act of theirs for the maintenance of good order on and for enforcing the rules and regulations pertaining to said bridges and island, and for enforcing the regulations of the Secretary of War for the government of said railway thereon. Approved, March 3d, 1885. CHAP. 356.-An Act to authorize the construction of a bridge across Mar. 3, 1885. the Mississippi River at Rock Island, Illinois, and Davenport, Iowa, Vol. 23, p. 443 and to establish it as a post-route. *-**-*==== Be it enacted by the Senate and House of Representatives of, Davenport and the United States of America in Congress assembled, That it #: &# shall be lawful for the Davenport and Rock Island Bridge ºf Company, a corporation duly created and organized under Mississippi the laws of the State of Iowa, to build a bridge across the . ***. Mississippi River at Rock Island, Illinois, and Davenport, Davenport, Iowa. Iowa, as may accommodate the Moline, Rock Island and Southern Railroad, a corporation duly Organized under the laws of the State of Illinois, on the east side of said river, and the Davenport, Iowa and Dakota Railroad, a corpora- tion created under the laws of the State of Iowa, on the West side of said river, and for the accommodation of any rail- roads that are or may hereafter be built, and to lay over said bridge a railroad track for the more perfect connection of any railroad or railroads that are or may be constructed to the said river, on either side thereof, at or opposite said point, under the limitations and provisions hereinafter pro- vided: Provided, That Congress may at any time prescribe Proviso. Such rules and regulations in regard to toll and otherwise Toll. as may be deemed reasonable. SEC. 2. That said bridge shall b built with a draw, so as Draw. not to impede the navigation of said river; said draw shall be a pivot-draw, over the channel of said river usually navigated, and with spans giving a clear width of water- way of not less than two hundred feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall give a clear width of water-way of not less than three hundred feet, and said spans shall not be less than three hundred feet, and said spans shall not be less than ten feet above extreme high-water mark and not less than thirty feet above low-water mark, measured to the bottom chord of the bridge, and the piers of said bridge shall, as nearly as practicable, be parallel with the current 206 LAWS RELATING TO CONSTRUCTION OF BRIDGES Proviso. of said river: Provided, That said draw shall always be Signals. Opened promptly upon reasonable signal; and said com- pany, or its successors and assigns, shall at all proper Lights. times keep and maintain all proper lights on said bridge Čiuring nights, so that its presence may always be noticed by vessels and craft navigating the channel of said river. Plans, etc., to And all plans for the construction of said bridge and ap- d by * §. spºº, '#proaches thereto must first be submitted to the Secretary War. of War for his approval, and when the same shall be ap- proved by said Secretary the work thereon may be com- Proviso. menced and prosecuted to completion: And provided further, .* That said bridge shall be constructed with such aids to the passage of said bridge, in the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel and for the guiding of rafts, steamboats, and other water-craft safely through the draw and raft spans, as the Secretary of War shall pre- Scribe and order, to be constructed and maintained at the Proviso. expense of the company owning said bridge: And provided To be at right further, That said bridge shall, as nearly as may be, be con- *...* * *structed at right angles with said river or the current Proviso. thereof: And provided further, That any change in the Changes in con- mode of construction of said bridge shall be first submitted Struction. to the said Secretary for his approval, and when approved the said company may then proceed with the construction Proviso. according to said change: And provided further, That if , Free naviga- said bridge, when constructed, shall, in the opinion of the ... * * Secretary of War, be a substantial obstruction to the navi. gation of said river, the said Secretary shall require said company to change the construction thereof so as to avoid any serious and substantial obstruction to the navigation of said river, at the expense of the owners of said bridge. Post-route, and SEC. 3. That the bridge hereby authorized shall be a law- *...* *ful structure, and shall be a post-route, upon which no higher charge shall be made for the transportation of the mails of the United States, and the troops and munitions of war, or for passengers or freight passing over said bridge, than the rate per mile paid to railroads and transportation companies leading to said bridge. C ãº: SEC. 4. That all railroad companies desiring the use of jºi said bridge shall have and be entitled to equal rights and rights. privileges relative to the passage of railway trains or cars Over the same, and over the approaches thereto, upon pay- ment of reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said wººds”; bridge, all matters at issue between them shall be decided Cº. ºf je by the Secretary Of War, upon a hearing of the allegations * and proofs of the parties: Provided, That the provisions of Froviso. section three in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of Said bridge. OVER NAVIGABLE WATERS OF THE UNITED STATES. 207 SEC 5. That this act shall be subject, except as above . Subject to limi. mentioned, to the limitations and provisions of an act en- ...; #: titled “An act to authorize the construction of a bridge *ś. across the Mississippi River at or near the town of Clinton, 78.*.* , ch. in the State of Iowa, and other bridges across said river, and to establish them as post-roads,” approved April first, eighteen hundred and seventy two. SEC. 6. That the right to alter, amend, or repeal this act specifiedrights is hereby expressly reserved; and the right to require any gº..." changes in such structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. - Approved, March 3, 1885. tes reserved. CHAP. 358.-An Act to give the assent of Congress to the construc- March 3, 1885. tion of a railroad bridge by the East and Middle Tennessee Railroad vol. 23, p. 445. Company over the Cumberland and Caney Fork rivers. *-*-º-º-º-º-º-º-º-o-º-º- Be it enacted by the Senate and House of Representatives of East and Mid- the United States of America in Congress assembled, That the ºn...”.” East and Middle Tennessee Railroad Company be, and is pany to construct hereby, authorized to construct and maintain a bridge, and º, . approaches thereto, Over the Cumberland River at the most River at or near accessible point in or near the corporate limits of Carthage, * * county of Smith, and State of Tennessee. Said bridge shall be constructed to provide for the passage of railroad trains and wagons and travelers across said river. SEC. 2. That any bridge built under this act and subject Post-route, and to its limitations shall be a lawful structure and shall be **** recognized and known as a post route; and it shall enjoy the rights and privileges of other post roads in the United States: Provided, That the United States may construct a Proviso as to postal telegraph over said bridge without charge therefor.P" "*P* SEC. 3. That if said bridge shall be made with unbroken Continuous and continuous spans, the spans thereof shall not be less * than one hundred and sixty-four feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least thirty-four feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: Provided, That if the same shall be Proviso. constructed as a draw-bridge, the draw or pivot shall be Draw-bridge. Over the main channe! at an accessible point, and the spans shall not be less than one hundred and sixty feet in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge : Pro- Proviso. wided also, That the said draw shall be opened promptly by said corporation, upon reasonable signal for the passage of boats; and said corporation shall maintain, at its own ex- pense, from sunset till sunrise, such lights or other signals Lights and sig- on said bridge as the Light House Board shall prescribe, * 208 LAWS RELATING TO CONSTRUCTION OF BRIDGES Aidstonaviga, and shall also place and maintain such sheer booms and {ion. Other guides necessary for the safe passage of vessels and Other water-craft as may be required by the Secretary of tº tº º: War. N O bridge shall be erected or maintained under the *...* * * authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction ; and all such alterations shall be made and all Such obstructions be removed at the expense of said cor- poration; and in case of any litigation arising 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 circuit court of the United States of the middle district of Tennessee in which any por- tion of said obstruction or bridge may be located, or in the Proviso, circuit court of the State of Tennessee for that circuit : Pro- wided further, That notbing in this act shall be so construed as to repeal or modify any of the provisions of law now ex- isting in reference to the protection of the navigation of rivers, or to exempt this bridge from the operations of the Proviso. same : And provided further, That the right is reserved lº. '... to regulate tolls and freights over said bridge. reserved. SEC. 4. That any bridge authorized to be constructed under this act 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 corporation shall submit to the Secretary of War, Plans, etc., to for his examination and approval, a design and drawings of ºw; the bridge, and a map of the location, giving, for the space for approval 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 cur- rents at all stages, and the Soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. Sºgº SEC. 5. That the right to alter, amend, or repeal this act ...” “is hereby expressly reserved; and the right to require any changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Same company SEC. 6. That the East and Middle Tennessee Railroad **, *.*.*.*.*.* Company is hereby also authorized to construct a railroad §ºney. Fork bridge over the Caney Fork River at such point between ...?'..."; the mouth of said river and the Buffalo Valley as may be ; ... necessary in the building of their road, subject to the pro- łºśivisions and limitations contained in the preceding sections. limitations. Approved, March 3d, 1885. over NAVIGABLE WATERS OF THE UNITED STATES. 209 CHAP. 359.-An Act making appropriations to supply deficiencies Mar. 3, 1885. in the appropriations for the fiscal year ending June thirtieth, eight- Vol. 23, p. 446. een hundred and eighty-five, and for prior years, and for other purposes. – Be it enacted by the Senate and House of Representatives of Deficiency ap- the United States of America in Congress assembled, That the º; Jé. following sums be, and the same are hereby, appropriated, 39.1883, and for out of any money in the Treasury not otherwise appropri.” ated, to supply deficiencies in the appropriations for the fiscal year eighteen hundred and eighty-five, and for other objects hereinafter stated, namely: # 3% :#; #: 3& For Rock Island bridge, Rock Island, Illinois, eighteen, #3, #oº." hundred and eighty-two and prior years, forty-eight dol-ji." lars. §: :}; #: : ; 3. Approved, March 3, 1885. CHAP. 360.-An Act making appropriations for sundry civil expenses Mar. 3, 1885. of the Government for the fiscal year ending June thirtieth, eighteen Vol.23, p.478. hundred and eighty-six, and for other purposes. *-*-am -m-m-sms Be it enacted by the Senate and House of Representatives of ºppº º the United States of America in Congress assembled, That the jarº: following sums be, and the same are hereby, appropriated tº * * for the objects hereinafter expressed for the fiscal year end- ing June thirtieth, eighteen hundred and eighty-six, namely: #: :}; $ # :* For the Rock Island bridge, as follows: For care and preservation of the Rock Island bridge, and expenses of maintaining and operating the draw, nine thou- Sand dollars. For protecting the Rock Island bridge by means of sheer booms, two hundred and fifty dollars. $ :* $ $ int Approved, March 3, 1885. CHAP. 48.-An Act authorizing the construction of a bridge over the April 15, 1886. Mississippi River at or near Alton, Illinois, and for other purposes. Vol. 24, p. 10. *msº Be it enacted by the Senate and House of Representatives of sºng, eye, the United States of America in Congress assembled, That it Mississippi Riv. shall be lawful for the Central Missouri Railway Company, *...*. a corporation duly and legally incorporated under and by souri Railway virtue of the laws of the State of Missouri, its assigns or..." " Successors, to construct and maintain a bridge, and ap- tº iñºs. of proaches thereto, over the Mississippi River ator near Alton, “"“” in the State of Illinois. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the persons by whom it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reason- able rates of toll as may be approved from time to time by the Secretary of War. & 1574 BR-14 210 LAWS RELATING TO CONSTRUCTION OF BRIDGES Declared alaw. ful structure and post-route. Spans. Proviso. Draws. Proviso. Lights, etc. Free naviga- tion to be main- tained. Litigation. SEC. 2. 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 also 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, or passengers or freight passing over said bridge, than the rate per mile paid for the transportation, Over the railroad 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. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The low- est part of the superstructure of said bridge shall be at least fifty feet above high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: Provided, That if the same shall be constructed as a draw-bridge, the draw Or pivot pier shall be at or near that shore nearest the chan- nel of the river where, in the opinion of the Secretary of War, the passage through the draw at that point can be consistently maintained; if not so constructed, then the draw-pier to be in the main channel, and the opening or passage-way to be so protected that water-craft can be worked through it by lines when not safe to pass otherwise; and the spans shall not be less than two hundred feet in length in the clear, with two side spans of three hundred feet each, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge; Pro- wided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said com- pany or corporation shall maintain, at its own expense, from Sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction ; and all such alterations shall be made and all such obstructions be re- moved at the expense of the owner or owners of said bridge; and in case of any litigation arising 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 Missouri in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so constructed 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 this bridge from the operation of the same. over NAVIGABLE WATERS OF THE UNITED STATES. 211 SEC. 4. That all railroad companies desiring the use of All railroad said bridge shall have and be entitled to equal rights and ...?”."; privileges relative to the passage of railway trains over theºsº, same, and over the approaches thereto, upon payment of a tºº. reasonable compensation for such use; and in case the disagreements. owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon 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. SEC. 5. That any bridge authorized to be constructed un- der this act 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 drawings of the bridge, and a map of the loca- Plans, etc., for tion, giving, for the space of one mile above and one mile... below the proposed location, a topography of the banks of submitted to Sec. the river, the shore-lines at high and low water, the direc. * *** tion and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That all the rights, privileges, and immunities, Assignment of granted and included in an act entitled “An act authorizing "... . the construction of a bridge over the Missouri River at or western Railway near Arrow Rock, Missouri,” approved April first, eighteen ºpany Iſati- hundred and eighty-two, having been transferred and as- Vol. 2% P. 38. signed by the Hannibal and Southwestern Railway Com- pany to its successor, the Central Missouri Railway Com- pany said transfer and assignment is hereby ratified and confirmed to said Central Missouri Railway Company. Right to SEC. 7. That the right to alter, amend, or repeal this act. * * is hereby expressly reserved. - Approved, April 15, 1886. CHAP. 49.—An Act to authorize the Mississippi Water-Power and April 15, 1886. Boom Company, of Brainard, Minnesota, to construct a dam across Vol. 24, p. 12. the Mississippi River. —— Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Dam across consent of the Government is hereby given to the Missis. . . . . sippi Water-Power and Boom Company of Brainard, Min- by Mississippi nesota, to construct across the Mississippi River, at someº.º. point not more than two miles from the limits of said city pany...of Brain- of Brainard, to be approved by the Secretary of War, a * * 212 LAWS RELATING TO CONSTRUCTION OF BRIDGES g an al and dam, canal, and the appurtenances thereof, for Water-power bridge. and other purposes, and in connection therewith a wagon Provisos. and foot bridge for public travel: Provided, That the Gov- ernment of United States may at any time construct in Lock. connection there with a suitable lock for navigation pur- Government poses: Provided also, That the Government of the United .*P* States, may at any time take possession of said dam and control the same for purposes of navigation, by paying said company the actual cost of the same, but shall not do so to the destruction of the water-power created by said dam: Provided further, That the Secretary of War may at any time require and enforce, at the expense of the owners, such modification and changes in the construction of said dam as Navigation, he may deem advisable in the interests of navigation; and that said dam shall, if necessary, be so built that boats and rafts may pass through the same, without the imposition of Litigation any toll or charge : And provided further, That all suits rel- ative to any obstruction of navigation arising from said dam may be tried in the United States circuit and district, courts for Minnesota. Right to amend, SEC. 2 That the right to alter, amend, or repeal this act *** is hereby expressly reserved without any claim of any kind arising in favor of any party in consequence of such amend- ment or repeal. * Approved, April 15, 1886. April 22, 1886. CHAP. 59.-An Act to amend the act of Congress approved June Vol. 24, p. 15. twelfth, eighteen hundred and eighty-four, entitled “An act to au- — thorize the construction of bridges across the Wisconsin, Chippewa, and Saint Croix Rivers, in the State of Wisconsin.” ;,&º. Be it enacted by the Senate and House of Representatives of Yºº §.. the United States of America in Congress assembled, That an ºix Rivers act of Congress approved June twelfth, eighteen hundred ğicago, Bur and eighty-four, entitled “An act to authorize the construc- lin g to n a n d H * Al As * tº wº g ſº fººtion of bridges across the Wisconsin, Chippewa, and Saint road. Company Croix Rivers, in the State of Wisconsin.”, be, and the same substituted for ; §.” Ali. is hereby, amended by striking out the words “Winona, #w. Nº. Alma and IN orthern Railway Com pany ”, wherever the same pany. y occur in the said law, and by inserting in lieu thereof the *** words “the Chicago, Burlington and Northern Railroad {). 4.1, Company, its successors and assigns. Approved, April 22, 1886. May 15, 1886, CHAP. 329.-An Act to authorize the Chicago, Freeport and Saint Vol. 24, p. 23. Paul Railroad Company to construct a bridge across the Saint Croix — River (or lake) at any accessible point between Prescott, Wisconsin, and Stillwater, Minnesota. - Be it enacted by the Senate and House of Representatives of Chicago, Free the United States of America in Congress assembled, That the pº. Chicago, Freeport and Saint Paul Railroad Company, a ized to bridge the corporation duly organized under the laws of the States of St. Croix River e e g * e º i.iv. F. Illinois, Wisconsin, and Minnesota, be, and is hereby, au- cott, Wis., and † tº * te d e- Stillwater, Minn thorized to construct and maintain a bridge, and ap proaches thereto, over the Saint Croix River (a part of over NAVIGABLE waters of THE UNITED STATES, 213 which is commonly called Lake Saint Croix”), between the States of Minnesota and Wisconsin, at any accessible point on said river between Prescott, Wisconsin, and Stillwater, Minnesota. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the cor- poration by which it may be built, may be used for the pas- sage of wagons and vehicles of all kinds, for the transit of . Wagon and animals, and for foot-passengers, for such reasonable rates”.” of toll as may be approved from time to time by the Secre- tary of War. - - SEC. 2., That any bridge built under this act shall be con- Navigation not structed and built without material interference with the ...º.º. security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privi- leges hereby granted ; and in order to secure compliance with these conditions, the corporation, previous to commencing the construction of the bridge, or of the accessory works designed to secure the best practicable channel-way for Plans to be sub- navigation and confine the flow of the water to a permanent * §§ºre channel at said point, shall submit to the Secretary of War a plan of the bridge and other accessory works provided for in this act, together with a detailed map of the river at the proposed site of the bridge and for a distance of a mile above and below the site, together with all other informa- tion touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to deter- mine whether the said bridge, when built, will conform to the prescribed conditions of this act. That as to any bridge spans. built under this act, if the said bridge shall be made with unbroken and continuous spans, it shall not be of less ele- vation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the "spans of said bridge Over the main channel be less than two bundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and not less than two hun- dred feet in length. That if any bridge built under this Draw. act shall be constructed as a drawbridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and the i-est navigable point, and with draw-openings of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, which said draw shall be opened promptly upon reasonable signal for the passing of boats, vessels, and other water-craft; and the spans adjoining said draw shall not be less than two hun- dred feet wide in the clear, and the elevation of the bottom chord of said bridge shall not be less than ten feet above the extreme high-water mark: Provided, however, That no Proviso. bridge shall be built under the provisions of this act except there also be built, at the time of the erection of the piers, proper sheer-booms, or other proper protections to safely Protection to guide boats, vessels, rafts, and other water-craft through hººk.” said draw-spans, and at the expense of the company or cor-" " poration erecting the bridge; and said company or corpora- 214 LAWS RELATING TO CONSTRUCTION OF BRIDGES tion shall maintain, at its own expense, from Sunset to Sun- rise, such lights or other signals on said bridge as the Sec- retary of War shall prescribe. sº ºf , SEG.3. That the Secretary of War is hereby authorized and W. ***** ** directed, upon receiving any such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such local- ity will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the ap- proved plan and location; but until the Secretary of War approve the plan and location of said bridge and other ac- cessory works provided for in this act, and notify the com- pany of the same, the bridge shall not be built; and should any change be made in the plan of the bridge or other ag- cessory works provided for in this act, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War, not, however, to be in any wise inconsistent with the provisions or conditions of this act. i. ... " *...* SEC. 4. That any bridge and accessory works, when built º, and constructed under this act and according to its provis- post-route. ions and conditions, shall be a lawful structure; and said bridge shall be recognized and known as a post-route, upon which also no higher charge shall be made for the trans- mission 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 railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time Charges. to regulate, by appropriate kegislation, the charges for gº.” tele freight and passengers over said bridge; and the United º States shall have the right of way for postal-telegraph and telegraph lines, free of charge, across said bridge. tº: SEC. 5. That it shall be the duty of the Secretary of War, {...” on satisfactory proof that a necessity exists therefor, to re- Quire the company or persons owning said bridge to cause such aids to the passage of said bridge authorized by the provisions of this act to be constructed, placed, and main- tained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of rafts, steamboats, and other water craft safely through the draw and raft spans, as shall be speci- fied in his order in that behalf; and on the failure of the company or persons aforesaid to make and establish Such additional structures within a reasonable time, the said Sec- retary shall proceed to cause the same to be built, or made at the expense of the United States, and shall refer the Attorney-Gen matter, without delay, to the Attorney-General of the Uni- i...}}...ted States, whose duty it shall be to institute, in the name of the United States, proceedings in any circuit court of the United States in which such bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys over NAVIGABLE WATERS OF THE UNITED STATES. 215 accruing from such proceedings shall be covered into the Treasury of the United States. SEC, 6. That the right to alter, amend, or repeal this act Ri f"... : is hereby expressly reserved; and the right to require any: * * changes in said structure, at the expense of the owners thereof, whenever Congress shall decide that the public in- terests require it, is also expressly reserved. SEC. 7. That this act shall take effect and be in force from and after its passage. Approved, May 15, 1886. CHAP. 330.-An act authorizing the construction of a bridge across May 15, 1886. the Mississippi River at or near Keithsburg, in the State of Illinois, Vol. 24, p. 25. and for other purposes. *-------------—- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the New York and assent of Congress is hereby given to the New York and º.º. Council Bluffs Railway Company, a corporation duly cre-pany, authorized g | * , : to bridge the ated and organized under the laws of the States of Ohio, Missiji Rº Indiana, Illinois, and Iowa, or its successors or assigns, to ...ºn. Keiths. build a bridge across the Mississippi River at such point " ` on said river at or near Keithsburg, in the State of Illinois, as may accommodate lines of railroad which said corpora- tion may build to said point on the said Mississippi River, or to a point on the west bank of said river in the State of Iowa, opposite to said point at or near Keithsburg, in the State of Illinois, and to lay on or over said bridge a railroad track or tracks, for the more perfect connection of any rail- road or railroads that are or shall be constructed to said river, on either or both sides thereof, at or opposite said point, under the limitations and conditions hereinafter pro- vided ; that said bridge slfall not interfere with the free Free naviga. 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 or Litigation. , alleged obstruction to the free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches. -- e SEC. 2. That any bridge built under the provisions of this May, be, either act may, at the option of the company building the same, ºn.” be built as a draw-bridge or with unbroken and continuous spans : Provided, That if the said bridge shall be made with Provisos. unbroken and continuous spans, it shall not be of less ele- vation in any case than fifty-feet above extreme high-water Height and mark, as understood at the point of location, to the bottom flººd..." " 7 º draw-bridge. chord of the bridge, nor shall the spans of said bridge give a clear width of water-way of less than two hundred and fifty feet, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and give a clear width of water-way of not less than three hundred feet : And pro- vided further, That if any bridge built under the provisions Draw. of this act shall be constructed as a draw-bridge, the same 216 LAWS RELATING TO CONSTRUCTION OF BRIDGES shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans giving a clear width of water-way of not less than one hundred and sixty feet on Spans. each side of the central or pivot pier of the draw ; and the next adjoining span or spans to the draw shall give a clear width of water-way of not less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low-water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected : And provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats. To be a lawful SEC. 3. That any bridge constructed under this act and ††, * * * according to its limitations shall be a lawful structure, and o shall be known as a post-route, and the same is hereby de- clared to be a post-route, upon which also 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, 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 Post a l tele- the United States shall have the right of way for postal- graph. telegraph purposes across said bridge. Other railway SEC. 4. That all railway companies desiring to use said .*.*... bridge shall have and be entitled to equal rights and privi- suse the bridge, * * upon terms to be leges in the passage of the same, and in the use of the ma- gº & chinery and fixtures thereof, and of all the approaches War. 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. Plans, etc., to SEC. 5. That the structure herein authorized shall be fºgº. built and located under and subject to such regulations for tary of War, the security of the 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 draw- ings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the pro- posed location, the topography of the banks of the river, the shore-lines at high and low water, and the direction and strength of the current at all stages, and the Soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as shall 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 built; and should any change be made in the plan of said bridge, during the progress of construction, such change shall be subject to the approval of the Secretary of War; and the said structure shall be at all times So kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours . over NAVIGABLE WATERS OF THE UNITED STATES. 217 of sunset to sunrise, such lights as may be prescribed by , Lights. the Secretary of War. And the said structure shall be changed or removed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law when the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States. SEC. 6. That the right to alter, amend, or repeal of this Right to amend, act is hereby expressly reserved. etc., reserved. SEC. 7. That this act shall take effect and be in force from and after its passage. Approved, May 15, 1886. CHAP, 331–An Act authorizing the construction of bridges across May 15, 1886. the Illinois River, in the State of Illinois, and the Des Moines River, Vol. 24, p. 27. in the State of Iowa, and for other purposes. -º-º-º-º-º-º-º-º-º-º-º-º-º-º-º-º-º-º-º: Be it enacted by the Senate and House of Representatives of, New York and * gº •º & Council Bluffs the United States of America in Congress assembled, That the jº, c. assent of Congress is hereby given to the New York and ºthº Council Bluffs Railway Company, an organization incorpo-nois River atia. rated under the laws of the States of Ohio, Indiana, Illinois, sº and Iowa, its successors or assigns, to construct bridges Iowa. * over the Illinois River at or near the town of Lacon, in the State of Illinois, and over the Des Moines River, in the State of Iowa, and in such county of said State of Iowa as said railway company may desire or find most practicable in the final location of its road. SEC. 2. That said bridges shall be so constructed, either May be draw, by draw, span, or otherwise, that a free and unobstructed º.º.o.”. passage may be secured to all vessels and other water-craft structing naviga- navigating said rivers. - tion. SEC. 3. That any bridge built under this act and subject ...To be lawful to its limitations shall be a lawful structure, and shall be:.. and recognized and known as a post route, upon which also 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, or passengers or freight passing over said bridges, than the rate per mile paid for the transporta- tion over the railroads or public highways leading to said bridges; and they shall enjoy the rights and privileges of other post-roads of the United States. t SEC 4. That if either of said bridges authorized to be ...Draws, lights, constructed by this act shall be constructed as a draw- etc. bridge, the draw shall be opened promptly upon reasonable Signals for the passage of boats; and said company or cor- poration shall maintain, at its own expense, from sunset until sunrise, such lights or other signals on said bridge or bridges as the Secretary of War shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially ob- struct the free navigation of said rivers; and if any bridge erected under such authority shall, in the opinion of the 218 LAWS RELATING TO CONSTRUCTION OF BRIDGES Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such obstructions shall be removed and alterations t made at the expense of the owner or owners of said bridge: Proviso, Provided, That nothing in this act shall be so construed as No, repeal or to repeal or modify any of the provisions of law now exist- i."...tº; ing in reference to the protection of the navigation of rivers, navigation. or to exempt any bridge erected under this act from the Operations of the same. Other compa. SEC. 5. That all railroad companies desiring the use of tº: either of said bridges that may be erected under the pro- gº visions of this act 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, upon the payment of a reasonable compensation therefor; and in case the owner or owners of said bridge or bridges, and the Several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall con- form in using said bridge or bridges, all matters of issue between them shall be decided by the Secretary of War, upon the bearing of the allegations and proofs of the parties. Plans,etc., to be SEC. 6. That any bridge authorized to be constructed un- *::::::: §... der this act shall be built and located under and subject to tary of War. such regulations for the security of navigation of said rivers as the Secretary of War shall prescribe: and to secure that object said company or corporation shall submit to the Sec- retary of War, a design and drawings of said bridge or bridges to be erected, for his examination and approval, and a map of its location, and shall furnish such other informa- tion as may be required for a full and satisfactory under- standing of the subject, and in all things shall be subject to such rules and regulations as may be prescribed by the Secretary of War; and until said plan and location of said bridge or bridges are approved by the Secretary of War said bridge or bridges shall not be built; and should any change be made in the plan of any such bridge or bridges authorized to be constructed under this act, during the progress of the work of construction, such change shall be subject to the approval of the Secretary of War. Right to amend, SEC. 7. That the right to alter, amend, or repeal this act etc., reserved is hereby expressly reserved; and the right to require any changes in said structures, or their removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. SEC. 8. That this act shall take effect and be in force from and after its passage. Approved, May 15, 1886. May 15, 1886. CHAP. 332.—An Act to authorize the Red River Bridge Company of Vol. 24, p. 28. Texas to maintain a bridge across Red River. Red River Be it enacted by the Senate and House of Representatives of Bridge Company, the United States of America in Congress assembled, That the of Texas, author- t #ed tº "id" a Red River Bridge Company of Texas, composed of Frank over NAVIGABLE waters OF THE UNITED STATES. 219 Colbert, W. B. Munson, J. B. McDougal, J. R. Carr, Samuel railway, and Star, J. T. Munson, Edward Perry, and L. L. Maughs, be. ..."; and is hereby, authorized to construct and maintain a rail, ºr Den- way and wagon bridge across Red River between the State of “” Texas and the Chickasaw Nation of the Indian Territory, at any accessible point on said river near Denison, Texas, that may be selected by said company; and said company shall be permitted to charge and take such rates of toll for crossing Tolls. said bridge as may be reasonable, subject to the approval of the Secretary of War; the said bridge to be of such height as not to interfere with the navigation of said river: Height. Provided, That any bridge constructed under this act and Provisos. according to its limitations shall be a lawful structure, and shall be known and recognized as a post-route, and the ...To be sº same is hereby declared to be a post-route, upon which also: ** 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, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads leading to the said bridge; and the United States shall have the right of way for a postal telegraph across said bridge: And provided further, Postal tele- That before this act shall take effect said company shali” submit to the Secretary of War the plans of said bridge, tº...ºf showing the existing structure and any additions or changes scºw: that may be contemplated ; and that it shall be decided by the said Secretary that the bridge does not and will not obstruct, impair, or injuriously modify the navigation of the said river, due regard being had to the character of the proposed navigation of said stream. SEC. 2. That Congress reserves the right to alter, amend, tºº. *:::: or repeal this act at any time; and that if at any time nav- served. igation of the said river shall in any manner be obstructed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to require the said company to alter and change the said bridge, at its own ex- pense, in such manner as may be proper to secure free and complete navigation without impediment; and if upon rea- Sonable notice to said company to make such change or im- provements the said company fails to do so, the Secretary of War shall have authority to make the same at the ex- pense of said company, and all the rights conferred by this act shall be forfeited ; and Congress shall have power to do any and all things necessary to secure the free naviga- tion of the river. Approved, May 15, 1886. CHAP. 334–An Act to authorize the construction of a railroad and May 15, 1886. wagon bridge across the Mississippi River from Winona, Minnesota, Vol. 24, p. 47. to the opposite shore in Wisconsin. Be it enacted by the Senate and House of Representatives of winona Pon- the United States of America in Congress assembled, That the ºr Winona Pontoon Bridge Company, a corporation existing to bridge the under the laws of the State of Minnesota, is hereby author- #sº ized to construct and maintain a pile and pontoon railway Minn. 220. LAWS RELATING TO CONSTRUCTION OF BRIDGEs and wagon bridge across the Mississippi River from the city of Winona, State of Minnesota, so as to connect with the opposite shore of said river, in the State of Wisconsin, said tiº is bridge to be built subject, except as herein modified to all §4. §." “” the terms, requirements and limitations contained in the act entitled “An act to legalize and establish a pontoon rail- way bridge across the Mississippi River at Prairie du Chien, and to authorize the construction of a similar bridge at or near Clinton, Iowa,” approved June sixth, eighteen hundred and seventy-four, so far as they may be applicable thereto. Draw. SEC. 2. That said bridge shall be so constructed with a suitable pontoon draw of not less than four hundred feet in E’roviso. width, located over the main channel of the river: Provided, That said bridge shall not be built or commenced until the Subject to ap-plan and specifications for its construction have been sub- Fº §. mitted to the Secretary of War for his approval, nor until plans, etc. he shall approve the plan and location of said bridge; and if any change be made in the plan of construction of said bridge at any time, such change shall be subject to the ap- proval of the Secretary of War; and any change in the con- struction or any alteration of said bridge that may be di- rected at any time by Congress or the Secretary of War Shall be made at the cost and expense of the owners thereof. Tolls. SEC. 3. That if said bridge is constructed as a wagon bridge, the said company may charge such reasonable rates of toll for the passage of Wagons and vehicles of all kinds and for the transit of animals and foot-passengers thereon * may from time to time be approved by the Secretary of . War, SEC. 4. That Congress may at any time alter, amend, or repeal this act. Approved, May 15, 1886. May 15, 1886. CHAP, 335,-An Act to authorize the construction of a bridge across Vol. 24, p. 48. the Yellowstone River, in Montana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Miles City Miles City Bridge Company, a corporation existing under **śthe laws of the Territory of Montana, and having authority Hºhºl to construct and maintain a bridge across the Yellowstone *"ºfts tº River at or near Miles Gity, in the county of Custer, in said Montana. Territory, be, and is hereby, authorized to construct and maintain, for the purpose of making a more perfect cross- ing of said river at all times during the year, a bridge across the said Yellowstone River at or near said Miles City, to be used by said company, its successors or assigns, for all purposes of rail and other transportation over said river. SEC. 2. That any bridge built under this act shall be con- Not to impair structed and built without material interference with the ** security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and priv- ileges hereby granted; and in order to secure a compliance with these conditions the corporation, previous to commenc- over NAVIGABLE WATERS OF THE UNITED STATES. 221 ing the construction of the bridge, or of the necessary works in the booms, dikes, or piers designed to secure the best practicable channel-way for navigation and confine the flow of water to a permanent channel, and for the guiding of steamboats and rafts safely through the draw-Spans at said point, shall submit to the Secretary of War a plan of Plans, etc., the bridge and of such accessory works, together with a ..."of". detailed map of the river at the proposed site of the bridge tary of War. and for a distance of a mile below and above the site, to- gether with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed conditions of this act; that, as nearly as practicable, the said bridge shall be at right angles to and the piers parallel with the current of said river; and if it be found hereafter that the said bridge or accessory works materially interfere with the . security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privi- leges hereby granted, by reason of any defect or failure in the accessory works aforesaid to accomplish the purpose for which they are designed, it shall be the duty of the Secretary of War to require the necessary changes to be made therein, in the interest of navigation, at the expense of the owners: Provided, That as to any bridge built under Provisos. this act, if the said bridge shall be built of unbroken an continuous spans, it shall not be of less elevation in any spans. case than fifty feet above extreme high-water mark, as un- derstood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred feet in length, and the main spans shall be over the main channel of the river and not less than two hundred feet in length : And provided also, That if any Draw. bridge built under the provisions of this act shall be con- structed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans not less than ten feet above extreme high-water mark at the point of location, and of not less length than one hun- dred feet on each side of the central or pivot pier of the draw ; and the next adjoining spans shall be not less than one hundred and twenty-five feet in length, unless other- wise expressly directed by the Secretary of War, and if so directed shall be according to such direction: Provided also, Lights, etc. That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or cor- poration shall maintain, at its own expense, from Sunset till Sunrise, such lights or other signals on said bridge as the Light-House Board may prescribe : Provided also, That all other compa: railway companies desiring to use said bridge shall have jº"* and be entitled to equal rights and privileges in the pas- Sage of the same, and in the use of the machinery and the fixtures thereof, and of all 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. 222 LAWS RELATING TO CONSTRUCTION OF BRIDGES wº SEG, 3. That the Secretary of War is hereby authorized ... "...f. and directed, upon receiving any such plans and map and bridge can be other information, and upon being satisfied that a bridge * built upon such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erecting of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approve the plan and location of said bridge and ac- cessory works, and notify the company of the same, the bridge shall not be commenced; and should any change be made in the plan of the bridge or accessory works, during the progress of the work thereon, such change shall be sub- ject likewise to the approval of the Secretary of War. To be a lawful SEC. 4. That any bridge and accessory works, when built sº. ** " and constructed under this act and according to the terms post-route. sº tº g t m & and limitations thereof, shall be a lawful structure; and said, bridge shall be recognized and known as a post-route, and said bridge shall enjoy the rights and privileges of other Charges may post-routes in the United States; and Congress reserves the §.” ” right to regulate by appropriate legislation the charges for $5 freight and passengers over said bridge. Postal tele. SEC. 5. That the United States shall have the right of graph. way for postal telegraph across said bridge. Tolls. SEC. 6. That the said Miles City Bridge Company, its Successors and assigns, shall have the right to charge tolls for the use of said bridge, except as hereinbefore limited and provided. g Right to SEC. 7. That the right to alter, amend, or repeal this act ... * * is hereby expressly reserved; and the right to require any changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interests require it, is also expressly reserved. Approved, May 15, 1886. May 17, 1886. CHAP. 340.—An Act granting the right of way to the Kensington and Vol. 24, p. 50. Tacony Railroad Company through the arsenal grounds at Brides- − burg, Philadelphia, Pennsylvania. # *. Be it enacted by the Senate and House of Representatives of ... ... the United States of America in Congress assembled, That the kšāºš Rensington and Tacony Railroad Company is hereby au- ºil...ithorized to construct its railroad across the grounds of the Company. United States forming a part of the grounds of the arsenal at Bridesburg, in Philadelphia County, in the State of Penn- sylvania; and for that purpose said company is hereby granted a width of thirty feet across said grounds for its Frovisos. right of way through the grounds aforesaid: Provided, Location. That the location of said road through said grounds shall be outside of the present inclosing-wall of Said arsenal on the Delaware River; and the railroad shall be provided Draw-bridge, with a draw-bridge of sufficient size on the creek, and facili: ties for crossing said railroad to wharves, and so forth, all OVER NAVIGABLE WATERS OF THE UNITED STATES. 223 of which shall be constructed to the satisfaction of the Sec. retary of War: Provided further, That the United States shall have, free of charge, the right to connect with said Connections. railroad any tracks laid within the arsenal grounds for Gov- ernment uses: And provided further, That when said right of way shall cease to be used for the purpose aforesaid the Šame shall revert to the United States: Provided, however, That before this act shall take effect the Secretary of War, shall cause to be assessed the damage which may accrue to Damages. the United States, if any, by the grant of this right of way, by three officers of the Army, and the amount of such award paid into the Treasury. SEC. 2. That the right to repeal, alter, or amend this act is reserved to Congress. Approved, May 17, 1886. CHAP. 344.—An Act to authorize the construction of a bridge across May 17, 1886. the Missouri River at some accessible point within ten miles below vol. 24, p. 52. and five miles above the city of Kansas City, Missouri. * *-*-es-s-s-s Be it enacted by the Senate and House of Representatives of . Wabash, Saint the United States of America in Congress assembled, That the #.". Wabash, Saint Louis and Pacific Railway, a corporation iſºed to bridge the duly organized, be, and is hereby, authorized to construct:"#...; and maintain a bridge, and approaches thereto, over the City, Mo. Missouri River, at some accessible point consistent with the interests of the river navigation within five miles above and ten miles below the present railroad bridge across said river at the city of Kansas City, in the county of Jackson and State of Missouri. Said bridge shall be constructed to pro- vide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the wagon and foot transit of animals, and for foot-passengers, for such reason-bridge. able rates of toll as may be approved from time to time by Tolls. the Secretary of War. SEC. 2. That any bridge built under this act and subject To be a lawful to its limitations shall be a lawful structure, and shall be:..." " recognized and known as a post-route, upon which also 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, or for passengers and freight passing over said bridge, than the rate per mile paid for the trans- portation over the railroad or public highways leading to said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. SEC. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less spans. than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as under- stood at the point of location, and at least eighty feet above low water, and the bridge shall be at right angles to and * its piers parallel with the current of the river: Provided, Provisos. That if the same shall be constructed as a draw-bridge, it Draws. 4 224 LAWS RELATING TO CONSTRUCTION OF BRIDGES shall have two or more pivot or draw-span openings over the main channel of the river, giving one hundred and sixty feet clear channel-way in each opening, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river; also that all fixed spans located between the short-lines at the medium stage of water shall be three hundred feet or more in length, and that the clear head-room under such spans shall not be less than ten feet at highest water: Provided also, That said draw shall be opened promptly, upon reasonable signal, for Lights, etc. the passage of boats; and said corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time sub- stantially or materially obstruct the free navigation of said º: jº river; and if any bridge erected under such authority shall, º in the opinion of the Secretary of War, obstruct such navi- gation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstructions; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or alleged obstruc- tion to the free navigation of said river caused or alleged to be caused by said bridge, the case may be brought in Litigation, the district court of the United States of the State of Mis- souri in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navi- gation of rivers, or to exempt this bridge from the operation of the same. mºiº. SEC. 4. That all railroad companies desiring the use of of way. **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, upon pay- ment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad wºes: companies, or any one of them, desiring such use shall fail disagreem." as to agree upon the Sum or sums to be paid, and upon rules to compensation, 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 Proviso. and proofs of the parties: Provided, That the provisions of section two in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or, Sums to be paid to the owners of said bridge by said companies for the use of said bridge. , Plans, &c.,sub; SEC. 5. That any bridge authorized to be constructed †"sº: under this act shall be built and located under and subject War. 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 persons or corporation shall submit to the Secretary of War, for his examination and approval, a over NAVIGABLE waters of THE UNITED STATES. 225 design and drawings of the bridge, and a map of the loca- tion, 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 di- rection and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 Secre- tary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the prog- ress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, amend, or repeal this act Right to amend, is hereby expressly reserved; and the right to require any “ changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly re- served. Approved, May 17, 1886. CHAP 345.—An Act to give the assent of Congress to the construc- May 17, 1886. tion of a bridge by the Nashville, Jackson and Memphis Railroad Vol. 24, p. 53. Company over the Tennessee River. -----—- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Nashville, Jack. assent of Congress is hereby given to the Nashville, Jack-jºº. son and Memphis Railroad Company, a corporation organ-pany authorized ized under the laws of the State of Tennessee, to constructiºn.º. and maintain a bridge, and approaches thereto, over the in Tennessee. " Tennessee River, at a point in the counties of Perry and Decatur, in said State of Tennessee, where it is most prac- ticable (to be determined by actual survey) for said railroad to cross said river. Said bridge shall be constructed to pro- vide for the passage of the locomotives, passenger and freight trains, and other rolling-stock of said Nashville, Jackson and Memphis Railroad Company over the same. SEC. 2. That any bridge built under the provisions of this To be a lawful act and subject to its limitations shall be a lawful structure, ... ** and recognized and known as a post-route; and it shall en- joy the rights and privileges of other post-roads in the United States: Provided, That the United States may con- Proviso. struct a postal telegraph over said bridge Without charge Postal tele- therefor. graph. SEC. 3. That if said bridge shall be built with unbroken Spans. and continuous spans, the spans thereof shall be of such width and height above the water as may be prescribed by the Secretary of War: Provided, That the same shall not Provisos. be less than one hundred and sixty-four feet each in the Dimensions. clear; and the main span shall be over the main channel of the river, and the bridge shall be at right angles to and its piers parallel with the current of the river: Provided, That if the same shall be constructed as a draw-bridge, the Draw. 1574 BR--15 226 LAWS RELATING TO CONSTRUCTION OF BRIDGEs $, Dimensions. draw or pivot span shall be over the main channel at an accessible point, and the span shall be of such width and height above the water as may be prescribed by the Secre- tary of War: Provided, That said draw or pivot spans shall not be less than one hundred and sixty-four feet in the clear on each side of the draw or pivot pier; and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river: Provided also, That the Protections to said draw shall be opened promptly by said corporation navigation. Lights. Free naviga- tion not to be ob- structed. Litigation. Plans, et C. , subject to ap- proval of Secre- tary of War. R. i amenCl, served. h t to upon reasonable signal for the passage of boats; that sheer- booms shall be constructed by said corporation; and that Said 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. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of such bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be re- moved at the expense of said corporation; and in case of any litigation arising from any obstruction or alleged ob- struction to the free navigation of said river, caused or al- leged to be caused by said bridge, the case may be brought in the circuit court of the United States in whose jurisdic- tion any portion of said obstruction or bridge may belocated: Provided further, That nothing in this act shall be so con- strued 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 the bridge herein authorized to be constructed from the operations of the same. SEC. 4. That any bridge authorized to be constructed under the provisions of this act 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 pre- scribe; and to secure that object the said corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings, of the bridge, and a map of the location, giving, for a 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 currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall fur- nish 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 Secre- tary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the prog- ress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 5. That the right to alter, amend, or repeal this act * * is hereby expressly reserved, and the right to require any changes in said structure, or its entire removal, at the ex- OVER NAVIGABLE waters OF THE UNITED STATES. 227 pense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly re- Served. Approved, May 17, 1886. CHAP. 347,-An Act authorizing the construction of a bridge across May 17, 1886. the Missouri River at or near the city of Council Bluffs, Iowa, and for Vol. 24, p. 55. other purposes. *-*=s===== Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the , New York and New York and Council Bluffs. Railway Company, an incor-º; poration organized under the laws of the States of Ohio, In- pºº, diana, Illinois, and Iowa, its successors or assigns, is hereby ºf authorized to construct and maintain a bridge across the in Iowa. Missouri River at such point as may be hereafter selected by said corporation, between the north and south lines of the county of Pottawattamie, in the State of Iowa, and at least one-third of a mile from any other bridge, as shall best pro- mote the public convenience and welfare and the necessities of business and commerce, and also to construct and main- tain the accessory works necessary to secure the best prac- ticable channel-way for navigation and to confine the flow of the Water to a permanent channel at such point, and also, if the said corporation shall deem it for the best interests of the public so to do, to lay on and over said bridge a railway track, for the more perfºot connection of any railroads that are or shall be constructed to said river at or opposite to said point; and said corporation shall construct and main- . Wagon and tain ways for wagons, carriages, and for foot-passengers, and ** may charge and receive such reasonable toll therefor as may Tolls. be approved from time to time by the Secretary of War: Provided, That said bridge, and all the property belonging Proviso. thereto or connected therewith, may be constructed, main- tained, and used as a combined railway and wagon bridge, Combined rail. for the safe and convenient passage of wagons, carriages, tºº Wagon stock, steam, cable, and street cars, foot-passengers, and all road travel, or as a wagon-bridge alone, for the safe and convenient passage of wagons, carriages, stock, and foot- passengers, as the said corporation shall elect, as herein- before provided; but if the said corporation shall elect to build a combined railroad and wagon bridge, then the track for wagons, carriages, stock, and foot-passengers shall not be upon the same space as that used for railroad track and CaLS. SEC. 2. That said bridge shall be constructed and built. Free naviga- without material interference with the security and con-...” venience of navigation of said river beyond what is neces- sary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said com-, Plans,etc.,sub; pany or corporation shall submit to the Secretary of War, #'s...}}..."; for his examination and approval, a design and drawings of War. 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 228 LAWS RELATING TO CONSTRUCTION OF BRIDGES high and low water, the direction and strength of the cur- rents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 Provisos. be built: Provided, That if the said bridge shall be made Spans. With unbroken and continuous spans, it shall have three or more channel-spans, and shall not be of less elevation in any case than fifty feet above extreme high-water mark, as un- derstood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the said river and not less than three hundred feet in length: And provided also, That if any bridge built under this act shall be constructed Draw. as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under such span shall not be less than ten feet above high-water mark: And provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; Lights, etc. and said company or corporation shall maintain, at its own expense, from sunset until Sunrise, such l ghts or other signals on said bridge as the Light-House Board shall pre- scribe: And provided also, That if said company or corpora- Other compa; tion shall elect, as is hereinbefore provided, to erect a com- #.”bined railroad and wagon bridge, then all railway companies t desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon Such terms and condi- Secretary oftions as shall be prescribed by the Secretary of War, upon }...."; hearing the allegations and proofs of the parties in case they to terms. shall not agree. secretary of SEC. 3. That the Secretary of War is hereby authorized * º and directed, upon receiving such plan and map and other proval. information, and upon being satisfied that a bridge built on such plan, and with such accessory Works, aud at such lo- cality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the ap- proved plan and location ; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be sub- ject likewise to the approval of the Secretary of War; and in case of any litigation arising from any obstruction or al- Litigation. leged obstruction to thefree navigation of said river caused or alleged to be caused by said bridge, the case may be brought ovKR NAVIGABLE WATERS OF THE UNITED STATES. 229 in the circuit court of the United States for the State of Iowa or the State of Nebraska, in which any portion of Said ob- struction or bridge may be located. SEC. 4. That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; ...To be a lawful and said bridge shall be recognized and known as a post-: *** route, upon which also 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 railroads or public highways leading to said bridge; and said bridge shall en- joy the rights and privileges of other post routes of the United States; and Congress reserves the right any time to regulate by appropriate legislation the charges for freight Charges. and passengers over said bridge. SEC. 5. That the United States shall have the right of way for such postal-telegraph lines across said bridge as Postal tele- the Government of the United States may construct and ** control. SEC. 6. That Congress shall have power at any time to alter, amend, or repeal this act so as to prevent or remove Right to amend, all material and substantial obstructions to the navigation” of said river by the construction of said bridge and its ac- cessory works; and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of or persons controlling said bridge. SEC. 7. That this act shall take effect and be in force from and after its passage. Approved, May 17, 1886. CHAP. 348.—An Act authorizing the Inter-State Rapid Transit Rail- May 17, 1886. way Company to build a bridge across the Kansas River. Vol. 24, p. 57. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Inter-State Rapid-Transit Railway Company, a corporation . Inter-State duly and legally organized and existing under and by vir-iº tue of the laws of the State of Kansas, its successors or as-yºuthºrized to * ~ e * : bridge the Kan- signs, be, and is hereby, authorized to construct and main-jºº, i.e. tain a bridge, and approaches thereto, over the Kansas ... a. º. River, in Wyandotte County, in the State of Kansas, be-sas, Kans, tween the city of Wyandotte and the city of Kansas, Kan- sas, at the point where said company’s line of railway, as now projected, crosses said river, near the mouth thereof. Said bridge shall be constructed to provide for the passage of its railway trains, and, at the option of said company by which it may be built, may be used for the passage of Wagons, Wagon and foot and vehicles of all kinds, for the transit of animals, and for * foot passengers, for such reasonable rates of toll as may be Tolls. approved from time to time by the Secretary of War. SEC. 2. That the bridge that shall be built under this act Post-route. shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission Over the same of the mails, the troops, and the munitions of 230 LAWS RELATING TO CONSTRUCTION OF BRIDGES war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. Free navigation SEC. 3. That no bridge shall be erected or maintained *** under the authority of this act which shall at any time sub- stantially or materially obstruct the free navigation of Said river; and if any bridge erected under such authority shall, secretary of in the opinion of the Secretary of War, obstruct such navi- W**P* gation, he is hereby authorized to cause such change or al- teration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the OWner Litigation, or owners of said bridge; and in case of any litigation arising from any obstruction or alleged obstruction to the free navi- gation of said river, caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the Proviso. United States in and for the district of Kansas: Provided, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in ref. erence to the protection of the navigation of rivers, or to exempt said bridge from the operation of the same. Right to amend, SEC. 4. That the right to alter, amend, or repeal this act etc., reserved is hereby expressly reserved. Approved, May 17, 1886. May 17, 1886. CHAP. 350.--An Act to authorize the construction of a bridge across Vol. 24, p. 58. the Missouri River at a point to be selected either in the counties of —— Clay and Jackson, in the State of Missouri, or in the county of Clay or Platte, in said State, and the county of Wyandotte, in the State of Kansas, and to make the same a post-route. Chicago, Mil. Be it enacted by the Senate and House of Representatives of gº tº the United States of America in Congress assembled, That the way Company Chicago, Milwaukee and Saint Paul Railway Company, a cor- tº # *śporation organized under the laws of the State of Wisconsin, souri River, in and authorized by the laws of the State of Missouri to locate #;" “and construct its railway into and through said State, is hereby authorized to construct and maintain a bridge across the Missouri River, on such line as its railway may hereafter be located, either in the counties of Clay or Jackson, in the State of Missouri, or in the county of Clay or Platte, in said State, and the county of Wyandotte, in the State of Kansas; and also to construct accessory works to secure the best practicable channel-way for navigation and confine the flow of the Water to a permanent Channel at such point; and also to lay on and over such bridge a railway track for the more perfect connection of its railway when constructed to said river. Free naviga. SEC. 2. That said bridge shall be constructed and built ;” without material interference with the security and conven- º ience of the navigation of said river beyond what is neces- sary to carry into effect the rights and privileges hereby Plans, etc., to granted; and in order to secure that object the said counpany }.º.º. ºor corporation shall submit to the Secretary of War, for his War. examination and approval, a plan, design, and drawings of OVER NAVIGABLE WATERS OF THE UNITED STATES. 231 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, the direction and strength of the Currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the Sub- ject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built: Provided, That if the said bridge shall be made with Provisos. unbroken and continuous spans, it shall have three or more Spans. channel-spans of not less than three hundred feet each in the clear, and shall not be of less elevation in any case than fifty feet above extreme high-water mark as understood at the point of location, to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main chan- nel of the river, and not less than three hundred feet in length in the clear; Provided also, That if any bridge built Draw. under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with the draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hun- dred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hun- dred feet, and the head-room under such span shall not be less than ten feet above high-water mark: Provided also, That if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with the draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under such span shall not be less than ten feet above high-water mark: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other sig- Lights, etc. * on said bridges as the Light-House Board shall pre- SCI'l O6. SEC. 3. That the Secretary of War is authorized and di-, Secretary ...of rected, upon receiving such plan, map, and other informa- ***; tion, and upon being satisfied that the bridge built upon proval. Such plan and with such accessory works and at such lo- Cality will conform to the prescribed conditions of this act, to notify said company or corporation that he approves the Same; and upon receiving such notification said company or corporation may proceed to the erection of said bridge, Conforming strictly to the approved plan and location; and Should any change be made in the plan of the bridge or Said accessory works during the progress of the work there- On, Such change shall be subject likewise to the approval of 232 LAWS RELATING TO CONSTRUCTION OF BRIDGES Litigation, the Secretary of War; and in case of any litigation arising from any obstruction or alleged obstruction to the free navi- gation of said river caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States of the district where said bridge or any part thereof is located. To be a lawful SEC. 4. That the said bridge and accessory Works, When tº: * * built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized and known as a post- route, upon which also 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, or for passengers and freight passing over said bridge, than the rate per mile paid for the transportation over the railroads or public high- ways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States. Postal tele- SEC. 5. That the United States shall have the right of graph. way for such postal-telegraph lines across said bridge as the Government may construct or control. other compa; SEC. 6. That all railroad companies desiring the use of Said :*bridge shall have and be entitled to equal rights and priv- ileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of sº a reasonable compensation for such use; and in case the §... owner or owners of said bridge and the several railroad com: to terms. panies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon 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 Proviso. proofs of the parties: Provided, That the provisions of sec- Charges. tion four in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the Sum or Sums to be paid to the owners of said bridge by said companies for the use of said bridge. Right to amend, SEC. 7. That Congress shall have power at any time to ** alter or amend this act so as to prevent or remove all ma- terial and substantial obstructions to the navigation of Said river by the construction of said bridge and its accessory works; and the expense of altering said bridge or remov- ing such obstructions shall be borne by the owners of or persons controlling such bridge. g Approved, May 17, 1886. May 17, 1886. CHAP. 35l—An Act to authorize the construction of a pile and pon- Vol. 24, p. 59. toon railway and wagon bridge across the Mississippi River from the — city of Red Wing, Minnesota, to the opposite shore, in the State of Wisconsin. Be it enacted by the Senate and House of Representatives of Red Wing Pon: the United States of America in Congress assembled, That the ; Red Wing Pontoon Bridge Company, a corporation exist- to bridgethe Mis-ing under the laws of the State of Minnesota, is hereby au- OVER NAVIGABLE WATERS OF THE UNITED STATES. 233 thorized to construct and maintain a pile and pontoon rail-sissippi River, at way and wagon bridge across the Mississippi River, from *ś, the city of Red Wing, State of Minnesota, so as to connect of Vol.18, ch. 224. with the opposite shore of said river, in the State of Wis.” consin; said bridge to built subject, except as herein pro- vided, to all the terms, requirements, and limitations con- tained in the act entitled “An act to legalize and establish a pontoon railway bridge across the Mississippi River at Prairie du Chien, and to authorize the construction of a sim- ilar bridge at or near Clinton, Iowa,” approved June sixth, eighteen hundred and seventy-four, so far as they may be applicable thereto. SEC. 2. That said bridge shall be so constructed with a Draw. suitable pontoon draw of not less than four hundred feet in length, located over the main channel of the river: Pro- Proviso. vided, That said bridge shall not be built or commenced ºf g.º. until the plan and specifications for its construction have ºwº, been summitted to the Secretary of War for his approval, Plans “tº: nor until he shall approve the plan and location of said bridge; and if any change be made in the plan of construc- tion of said bridge at any time, such change shall be sub- ject to the approval of the Secretary of War; and any change in the construction or any alteration of said bridge that may be directed at any time by Congress or the Sec- retary of War shall be made at the cost and expense of the Owners thereof. . SEC. 3. That if said bridge is constructed as a wagon Tolls. bridge, the said company may charge such reasonable rates of toll for the passage of wagons and vehicles of all kinds and for the transit of animals and foot-passengers as may from time to time be approved by the Secretary of War. SEC. 4. That Congress may at any time alter, amend, or repeal this act. Approved, May 17, 1886. CHAP. 352.--An Act to authorize the construction of a bridge over May 17, 1886. the Missouri River at the most accessible point between the mouth of Vol. 24, p. 60. the Femme Osage Creek and a point two miles above the city of Saint *-ºs- Charles, in the county of Saint Charles, in the State of Missouri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the saint Louis Saint Louis Kansas City Short-Line Railway Company, a jº,9. corporation organized under the laws of the State of Mis- way Company souri, and its assigns or successors, be, and they are hereby, ºº authorized to construct and maintain a bridge, and ap-souri Biyer, near proaches thereto, Over the Missouri River at the most ac- sººt Charles cessible point between the mouth of the Femme Osage Creek and a point two miles above the city of Saint Charles, in the county of Saint Charles, in the State of Missouri. Said bridge shall be constructed to provide for the passage Passage of rail. of railway trains, and at the option of the corporation or ...” wº Company by which it may be built, may be used for the " passage of wagons and, vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable 234 LAWS RELATING TO CONSTRUCTION OF BRIDGES Tolls. To be a lawful structure and post-route. Spans. Proviso. Draw. rates of toll as may be approved from time to time by the Secretary of War. SEC. 2. 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 also 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, or for passengers and freight passing over said bridge, than the rate per mile paid for the trans- portation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of the other post-roads in the United States. SEC. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The low- est part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river : Pro- 'wided, That if the same shall be constructed as a draw-bridge, the draw or pivot shall be over the main channel of the river at an accessible point, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the Lights, etc. Free naviga- tion not to be ob- structed. Litigation. Other compa- nies to have right of way. piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high water- mark, as understood at the point of location to the lowest part of the superstructure of said bridge: Provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats: and said company or corpo- ration shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and if any bridge erected un- der such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such al- terations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or al- leged 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 Missouri, in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the pro- tection of the navigation of the river, or to exempt this bridge from the operation of the same. SEC 4. 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 railway trains or cars over NAVIGABLE WATERS OF THE UNITED STATES. 235 over the same, and over the approaches thereto, upon pay- ment of a reasonable compensation for such use; and in . Secretary of case the owner or owners of said bridge and the several rail- *::::::::::::: road companies, or any one of them, desiring such use, shall to terms, etc. fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be de- cided by the Secretary of War upon a hearing of the allega- tions and proofs of the parties: Provided, That the provis- Proviso. ions of section two in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said com- panies for the use of said bridge. SEC. 5. That any bridge authorized to be constructed, Plans, etc., to under this act shall be built and located under and subjectſ. º: º to such regulations for the security of navigation of said War. 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 drawings of the bridge, and a map of the loca- tion, 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 di- rection and strength of the currents at all stages, and the Soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, amend, or repeal this act Right to amend, is hereby expressly reserved; and the right to require any “"“” Changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly re- Served. Approved, May 17, 1886. CHAP. 353.−An Act to authorize the construction of a bridge over the May 17, 1886. Missouri River at the most accessible point in Saline City, or within Vol. 24, p. 62. five miles above or five miles below the same, in the county of Saline, –– in the State of Missouri. - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Saint Louis Saint Louis Kansas City Short-Line Railway Company, a jº.º. Corporation organized under the laws of the State of Mis- ..º.º. souri, and its assigns or successors, be, and they are hereby, ºft.*Miº authorized to construct and maintain a bridge, and ap- tº sº. proaches thereto, over the Missouri River at the most acces- 3 -ij-a-v s sible point in Saline City, or within five miles above or five 236 LAWS RELATING TO CONSTRUCTION OF BRIDGES miles below the same, in the county of Saline, in the State of Missouri. Said bridge shall be constructed to provide Passage of rail for the passage of railway trains, and, at the option of the .*** corporation or company by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. To be a lawful SEC. 2. That any bridge built under this act and subject jºi... *** to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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, or for passengers and freight passing over said bridge, than the rate per mile paid for the trans- portation over the railroad 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. 3. That if said bridge shall be made with unbroken Spans. and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The low- est part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles Provisos. to and its piers parallel with the current of the river: Pro- vided, That if the same shall be constructed as a draw-bridge, Draw. the draw or pivot shall be over the main channel of the river at an accessible point, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high- Water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Provided also, That said draw shall be opened promptly, upon rea- sonable signal, for the passage of boats; and said company or corporation shall maintain, at its own expense, from sun- Lights, etc. Set till Sunrise, such lights or other signals on Said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct , Free naviga. the free navigation of said river; and if any bridge erected ...” under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be re- moved at the expense of the owner or owners of said bridge; Litigation. and in case of any litigation arising 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 Missouri in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any OVER NAVIGABLE WATERS OF THE UNITED STATES. 237 of the provisions of law now existing in reference to the pro- tection of the navigation of rivers, or to exempt this bridge from the operation of the same. * SEC. 4. That all railroad companies desiring the use of Other compa; 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, upon pay- ment of a reasonable compensation for such use; and in ...Secretary of case the owner or owners of said bridge and the several ºr...; railroad companies, or any one of them, desiring such use, to terms, etc. shall fail to agree upon the sum or sums to be paid, and upon 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 hearing of the allegations and proofs of the parties: Provided, That the Proviso. provisions of section two in regard to charges for passen- gers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. SEC. 5. That any bridge authorized to be constructed, Plans, etc., to under this act shall be built and located under and subject gº % to such regulations for the security of navigation of said War." 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 drawings of the bridge, and a map of the loca- tion, 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 di- rection and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of Said bridge, during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, aunend, or repeal this act Right to is hereby expressly reserved ; and the right to require any º etc., re- changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. Approved, May 17, 1886. CHAP. 354.—An Act granting to the Gainesville and Chickasaw May 17, 1886. Bridge Company the consent of the United States to construct and vol. 24, p. 63. maintain a bridge over Red River at or near Brown's Ferry, in Cooke — County, Texas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That Gainesville and to the Gainesville and Chickasaw Bridge Company, a cor.º.º. 238 LAWS RELATING TO CONSTRUCTION OF BRIDGES *... poration created under the laws of Texas by charter filed jºo. §§ January twenty-fourth, eighteen hundred and eighty-five, ºis granted the consent of the Government to construct and iver at Brown's º iº g * Perry, Tex. maintain for ninety years a bridge, and approaches thereto, over Red River, at or within three miles of Brown's Ferry, in Cooke County, Texas, to be used for the passage of foot- passengers, animals, and vehicles of all kinds, for reasona- Tolls. ble rates of toll, to be approved from time to time by the Secretary of War. To be built SEC. 2. That the right herein shall be void unless said .*** **** bridge is constructed within four years from the passage of this act. To be a lawful SEC. 3. That the bridge constructed under this act 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 transmission over the same of the mails, the troops, and the munitions of war of the United States than other persons pay for like transportation; and the United States shall have the right of way for a postal telegraph across Provisos. said bridge: Provided, That before this act shall take effect bº..." ... said company shall submit to the Secretary of War the §ºetary of plans and specifications of said bridge, showing the proposed & location and structure contemplated, and that it shall be decided by the Secretary that said bridge does not and will not obstruct or impair the navigation of said Red River: Right to amend, Provided further, That Congress reserves the right to alter, “º. amend, or repeal this act at any time; and that if at any tº be ob. time navigation of the said river shall in any manner be. t e obstructed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to re- Quire the said company to alter and change the said bridge, at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if upon reasonable notice to said company to make such change or improvements the said company fails to do so, the Secretary of War shall have authority to make the same at the expense of said company, and all rights con- ferred by this act shall be forfeited ; and Congress shall have power to do any and all things necessary to secure the free navigation of the river. Approved, May 17, 1886. May 17, 1886. CHAP. 355.-An Act to authorize the construction of a bridge across Vol. 24, p. 64. the Missouri River at some accessible point within two miles north TT and two miles south of the city of Atchison, in the county of Atchi- son, in the State of Kansas. Be it enacted by the Senate and House of Representatives of A t c h is on the United States of America in Congress assembled, That º, the Atchison Bridge Company, an incorporation organ- build a railroad ized under the laws of the State of Kansas, is hereby #. a.º.º. authorized to construct and maintain a bridge across the Missºuri River Missouri River at such a point as may be hereafter selected at At c h is on, * g & R - , ºf ... • * g Kans. by said corporation within two miles north and two miles south of the city of Atchison, in the county of Atchison, in ovKR NAVIGABLE WATERS OF THE UNITED STATES. 239 the State of Kansas, as shall best promote the public con- venience and welfare and the necessities of business and commerce; and also to construct accessory works to se- secure the best practicable channel-way for navigation and confine the flow of the water to a permanent channel at such point; and also to lay on and over said bridge a rail- way track for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point; and said corporation may construct and main- tain ways for wagons, carriages, and for foot-passengers, charging and receiving reasonable toll therefor as may be Tolls. approved from time to time by the Secretary of War. SEC. 2. That said bridge shall be constructed and built, Plans, etc., to without interference with the security and convenience of: º: º, navigation of said river beyond what is necessary to carry War. into effect the rights and privileges hereby granted; and in order to secure that object the said company or Corporation. shall submit to the Secretary of War, for his examination and approval, a design and drawings 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, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built: Pro- Provisos. vided, That if the said bridge shall be made with unbroken continuous spans, it shall have three or more channel-spans spans. and shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understoo, at the point of location, to the bottom chord of the bridge; nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less than three hun- dred feet in length : And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, Draw, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than two hundred feet in length in the clear on each side of the cen- tral or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under Sueh Span shall not be less than ten feet above high-water mark: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from Sunset till sunrise, such lights or other signals on Said bridge as the Light- Lights, etc. House Board shall prescribe : Provided also, That all rail- way companies desiring to use said bridge shall have and other compa. be entitled to equal rights and privileges in the passage of ººººººº the same, and in the use of the machinery and fixtures e 3. 240 LAWS RELATING TO CONSTRUCTION OF BRIDGES thereof, and of all the approaches thereto, under and upon Secretary, of such terms and conditions as shall be prescribed by the §....... Secretary of War, upon hearing the allegations and proofs to terms, etc. of the parties, in case they shall not agree. isecretary of SEC. 3. That the Secretary ef War is hereby authorized ... 3"; and directed, upon receiving such plan and map and other proval. information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such local- ity will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the ap- proved plan and location; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and in Litigation. case of any litigation arising 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 circuit Court of the United States of the State of Ransas or State of Missouri in which any portion of said obstruction or bridge may be located. To be a lawful SEC. 4. That the said bridge and accessory works, when ... *** built and constructed under this act, and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized and known as a post- route, upon which also 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 railroads or public highways leading to said bridge; and said bridge shall en- joy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time Charges. to regulate by appropriate legislation the charges for freight and passengers over said bridge. 20 stal tele. SEC. 5. That the United States shall have the right of graph. way for such postal-telegraph lines across said bridge as the Government may construct or control. * Right to amend, SEC. 6. That, Congress shall have power at any time t ***** alter, amend, or repeal this act so as to prevent or remove all material and substantial obstructions to the navigation of said river by the construction of said bridge and its ac- cessory works; and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of or persons controlling such bridge. * Approved, May 17, 1886. May 17, 1886. CHAP. 356.-An Act to authorize the construction and maintenance Vol. 24, p. 65. of a bridge by the Dakota Central Railway Company, across the —— Missouri River, at Pierre, Dakota. & Be it enacted by the Senate and House of Representatives of Dakota Central the United States of America in Congress assembled, That the jºin...il)akota Central Railway Company, a corporation duly or- tºº. ganized under the general incorporation laws of the Ter- SOllſ I IV6I a. #:, ; “ritary of Dakota, its successors and assigns, is hereby au- OVER NAVIGABLE WATERS OF THE UNITED STATES. 241 thorized to construct and maintain a bridge across the Mis- souri River at or near the city of Pierre, Hughes County, Dakota, and also to lay on and over said bridge a railway track or tracks for the passage of railway trains; and said Corporation may construct and maintain ways for wagons, wagon and foot carriages, and foot-passengers, charging and receiving such "** reasonable tolls therefor as may be approved, from time to Tolls. time by the Secretary of War. SEC. 2. That said bridge shall be constructed and built, Plans, etc., to without interference with the security and convenience of; sº º, navigation of said river beyond what is necessary to carry War. into effect the rights and privileges hereby granted; and in order to secure that object the said corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the lo- cation, 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 direc- tion and strength of the currents at all stages, and the sound- ings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built: Provided, Thatif the said bridge Provisos. shall be made with unbroken and continuous spans, it shall Spans. not be of less elevation in any case than fifty feet above ex- treme high-water mark, as understood at the point of loca- tion, to be the lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be OVer the main channel of the river and not less than three hundred feet in length: And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, Draw. the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoin- ing span or spans to the draw shall not be less than three hundred feet, and the head room under such span shall not be less ten feet above local high-water mark: Provided also, That said draw shall be opened promptly upon reason- able signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals On Said bridge as Lights, etc. the Light-House Board shall prescribe: Provided also, That other e o m. all railway companies desiring to use said bridge shall have;...” and be entitled to equal rights and privileges in the passage 7 of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Sec- Secretary of retary of War, upon hearing the allegations and proofs of *:::::::::::: the parties, in case they shall not agree. to terms, etc. 1574 BR-16 242 LAWS RELATING TO CONSTRUCTION OF BRIDGES wºot: SEG, 3. That the Secretary of War is hereby authorized Company of º and directed, upon receiving such plan and map and other proval. information, and upon being satisfied that the bridge built upon such plan with such accessory works, and at such lo- cality will conform to the prescribed conditions of this act, to notify the company that he approves the same, and upon receiving Such notification the said company may proceed to an erection of said bridge, conforming strictly to the ap- proved plan and location; and should any change be made in the plan of the bridge or accessory works, during the progress of the work thereon, such change shall be subject Litigation, likewise to the approval of the Secretary of War; and in case of any litigation arising from any obstruction or al- leged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in any circuit court of the United States or any district court of the Territory of Dakota, within whose ju- risdiction, any portion of said bridge may be located. To be a lawful SEC. 4. That the said bridge and accessory works, when ;:... *"built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized and known as a post- route, upon which also 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 railroads or public highways leading to such bridge, and said bridge shall en- Charges. joy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge. Post al-tele. SEC. 5. That the United States shall have the right of graph. way for such postal-telegraph lines across said bridge as the Government may construct or control. Right to amend, SEC. 6. That the right to alter, amend, or repeal this act ** is hereby expressly reserved; and the right to require any changes in said structure, or its entire removal, at the ex- peuse of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. - Approved, May 17, 1886. *=s=º fºssº May 17, 1886. CHAP. 357.--An Act to authorize the Chicago, Milwaukee and Saint Vol. 24, p. 67. Paul, Railway Company to construct, operate, and maintain a bridge — across the Missouri River near or in the vicinity of Chamberlain in the Territory of Dakota. Chicago, Mil. Be it enacted by the Senate and House of Representatives of jº º the United States of America in Congress assembled, That the way Company Chicago, Milwaukee and Saint Paul Railway Company shall ;”; “tº have the right to construct and maintain a Bridge across tº the Missouri River near or in the vicinity of the city of Cham: Dak. 'berlain, in the Territory of Dakota and also to la on and over said bridge a railway track or tracks for the passage of railway trains; and said corporation may, at its option, OVER NAVIGABLE WATERS OF THE UNITED STATES. 243 construct and maintain ways for wagons, carriages, and, Wagon and foot foot-passengers, charging and receiving such reasonable” tolls therefor as may be approved from time to time by the Tolls. Secretary of War. SEC. 2. That said bridge shall be constructed and built ... Free naviga- without interference with the security and convenience of...”. navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted ; and in , Plans, etc., to order to secure that object the said corporation shall submit. º, % to the Secretary of War, for his examination and approval, War. a design and drawings of the bridge, and a map of the loca- tion, 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 di- rection and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 Secre- tary of War the bridge shall not be built : Provided, That Provisos. if the said bridge shall be made with unbroken and contin- uous spans, it shall not be of less elevation in any case than Spans. fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and not less than three hundred feet in length : And pro- Draw. Aſided also, That if any bridge built under this act shall be # constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head room under such span shall not be less than ten feet above local high-water mark: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other Lights, etc. signals on said bridge as the Light House Board shall pre- scribe: Provided also, That all railway companies desiring other com- * : Al -- & & *3 o' anies to have to use said bridge shall have and be entitled to equal rights #ºf way. * and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upoli such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the secretary of allegations and proofs of the parties, in case they shall not ...; agree. to terms, etc. SEC. 3. That the Secretary of War is hereby authorized secretary of and directed, upon receiving such plan and map and other Yº º information, and upon being satisfied that the bridge built proval. upon Such plan, with such accessory works, and at such 244 LAWS RELATING TO CONSTRUCTION OF BRIDGES locality will conform to the prescribed conditions of this act, to notify the company that he approves the same ; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location ; and should any change be made in the plan of the bridge or accessory works, dur- ing the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; Litigation. and in case of any litigation arising 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 any court of the United States of the Terri- tory of Dakota, of competent jurisdiction, in which any * portion of Said bridge may be located. - To be a lawful SEC. 4. That the said bridge and accessory works, when tºº." * built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized and known as a post- route, upon which also 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 railroads or public highways leading to such bridge, and said bridge shall enjoy the rights and privileges of other post-routes in Charges. the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers Over said bridge. * Post al-tele. SEC. 5. That the United States shall have the right of graph. way for such postal-telegraph lines across said bridge as the Government may construct or control. Right to amend SEC. 6. That the right to alter, amend, or repeal this act *** is hereby expressly reserved ; and the right to require any changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. ..Approved, May 17, 1886. May 20, 1886. CHAP. 363.−An Act to authorize the Covington and Cincinnati Ele- Vol. 24, p. 69. wated Railway and Bridge Company to erect a bridge across the Ohio — River. Covington and Be it enacted by the Senate and House of Representatives of gº the United States of America in Congress assembled, That the Transfer and Covington and Cincinnati Elevated Railway, Transfer and # , ºf . Bridge Company, and its successors or assigns, are hereby bridge the Ohio authorized and empowered to erect.a bridge across the Ohio §....". River between Covington, Kentucky, and Cincinnati, Ohio, tº, Cincinnati subject to the limitations and restrictions of the general law vºl. 17, p. 398, regulating the construction of bridges over the Ohio River: Yº...” Provided, however, That said bridge shall not be of less ele- vation than the Covington and Cincinnati suspension bridge, and may be constructed without a pivot draw-span. Approved, May 20, 1886. OVER NAVIGABLE WATERS OF THE UNITED STATES. 245 CHAP. 417.—An Act to authorize the construction of a bridge acroSS June 16, 1886. the Staten Island Sound, known as Arthur Kill, and to establish the Vol. 24, p. 78. Same as a post-road. *======s=ºss Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it ... Staten Island shall be lawful for the Staten Island Rapid Transit Railroad #º..."; Company, a corporation existing under the laws of the State ºg ºw of New York, and the Baltimore and New York Railroad ãºei º Company, a corporation existing under the laws of the State #saſ."; of New Jersey, or either of said companies, to build and and sound. maintain a bridge across the Staten Island Sound, or Arthur Rill, from New Jersey to Richmond County, New York, for the passage of railroad trains, engines, and cars thereon, and to lay on and over said bridge railway tracks for the more perfect connection of any railroads that are or shall be con- structed to the said sound at or opposite said point; and in case of any litigation concerning any alleged obstruction to Litigation. the free navigation of said sound on account of said bridge, the cause may be tried before the circuit court of the United States of either of said States in which any portion of said - obstruction or bridge touches; and that all railway com- other compa; panies desiring to use the said bridge shall have and be en- ºve right titled to equal rights and privileges in the passage over the same, and in the use of the machinery and fixtures thereof and of all the approaches thereto, for a reasonable compen- Secretary of sation to be paid to the owners of said bridge 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. 2. That said bridge shall be constructed as a pivot Draw. draw-bridge, with a draw over the main channel of the Sound at an accessible and navigable point, and with Spans of not less than two hundred feet in length in the clear on each side of the central or pivot pier of the draw ; and Said spans shall not be less than thirty-two feet above mean low-water mark measuring to the lowest member of the bridge superstructure: And provided also, That said Proviso. draw shall be opened promptly, upon reasonable signal, opening draws. except when trains are passing over the said bridge, for the passage of the boats whose construction shall not be such as to admit of their passage under the draw of said bridge When closed; but in no case shall unnecessary delay occur in opening the said draw after the passage of trains; and the said company or corporation shall maintain, at its own expense, from Sunset to Sunrise, such lights or other sig- Lights, etc. mals on said bridge as the Light-House Board shall pre- Scribe. SEC. 3. That any bridge constructed under this act and To be a lawful according to its limitations shall be a lawful structure, and ... *** Shall be recognized and known as a post-route, upon which also 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 their transportation over the railroads or public highways lead- ing to said bridge; and the United States shall have the right of way for postal-telegraph purposes across said gºal tele- bridge. grapn. 246 LAWS RELATING TO CONSTRUCTION OF BRIDGES Plans, etc., to SEC. 4. That the plan and location of said bridge, with a §. sº % detailed map of the sound at the proposed site of the bridge War. and near thereto, exhibiting the depths and currents, shall be submitted to the Secretary of War for his approval, and until he approve the plan and location of said bridge it shall z not be built; but upon the approval of said plan by the Secretary of War the said companies, or either of them, may proceed to the erection of said bridge in comformity with said approved plan ; and should any change be made in the plan of said bridge during the progress of the Work thereon, such change shall be subject likewise to the ap- proval of the Secretary of War. If the Secretary of War shall at any time deem any change or alteration necessary in the said bridge, so that the same shall not obstruct navi- gation, or if he shall think the removal of the whole struc- ture necessary, the alteration so required or the removal of the whole structure, shall be made at the expense of the parties owning said bridge; and if said bridge shall not be ... To be finished finished within two years from the passage of this act, the *** rights and privileges hereby granted shall determine and Cé2,Sé. * B. Right to amend SEC. 5. That the right to alter, amend, or repeal this act ****** is hereby expressly reserved. Approved, June 16, 1886. June 21, 1886. CHAP. 463.−An Act to authorize the purchase of the Aqueduct Bridge Vol. 24, p. 84. or the construction of a bridge across the Potomac River at or near — Georgetown, District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the A que du c t Secretary of War is hereby authorized and directed to ac- # *quire by purchase a title infée-simple, free from all liens or Purchase of claims of lessees or others, the bridge known as the Aque- duct Bridge, including the piers thereof, across the Potomac River, and the approaches thereto, and all the rights and franchises connected with said bridge, for a sum not to ex- ceed one hundred and twenty-five thousand dollars, the title to be approved by the Attorney-General of the United States; and said bridge, when so acquired, shall be used as To be a free a free bridge, under such regulations as the Secretary of bridge. War may prescribe; and the Secretary of War is further authorized, in case the United States shall acquire title to Repairs. , the said bridge, to repair or reconstruct the same; and for the purpose of acquiring such title and repairing and recon- Appropriation, structing said bridge the sum of two hundred and forty thousand dollars, or so much thereof as may be necessary for such purpose, is hereby appropriated, out of any money in the Treasury not otherwise appropriated; and one-half of the expense of such purchase and reconstruction or repair of said bridge shall be charged to and paid by the District District of Co. of Columbia, and the balance, one-half of the sum so ex- ...t." Pº pended, shall be paid out of the Treasury of the United States. OVER NAVIGABLE WATERS OF THE UNITED STATES. 247 SEC. 2. That if the provisions of the first section of this, Bridge to be act authorizing the purchase of the Aqueduct Bridge shall; ... not be fully executed within six months from the passage of duct, Bridge not this act, and the title therefor approved as therein required, ;""" then the Secretary of War be, and he is hereby, authorized and directed to cause to be constructed across the Potomac River at the Three Sisters, above Georgetown, in the Dis- trict of Columbia, a substantial iron and masonry bridge, with approaches; and the sum of two hundred and twenty thou- sand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, Appropriation. for the construction of said bridge and approaches, the same to be maintained as a free bridge for travel: Provided, That Provisos. the said Secretary of War shall construct a bridge, upon p such plan as shall cost no more than the amount herein appropriated, and which cost shall include the construction Cost. of a substantial iron bridge over the Chesapeake and Ohio cº Canal and highway, and any and all approaches to the saidº.’ “ iron bridge, which said bridge shall not be less than four- teen feet in the clear above the water-line of said canal; and not exceeding fifteen thousand dollars of this appro- priation shall be paid out of the Treasury until contracts shall have been entered into with responsible parties, and with good and sufficient Sureties, to be approved by the Secretary of War, for the construction and completion of said bridges across the Potomac River and the Chesapeake and Ohio canal, including the masonry, iron-work, and ap- proaches, at a cost not to exceed in the aggregate two hun- dred and twenty thousand dollars, less such sum as may be expended for advertising and making necessary survey: And provided also, That one-half of the expense of the con-, District of Co- struction of said bridge shall be charged to and paid by the jºir.” " District of Columbia, and the balance (one-half) of the sum hereby appropriated shall be paid out of the Treasury of the United States: Provided further, That the Secretary of War shall, as Soon as possible, cause a survey of the river Surveys, &c. to be made at the Three Sisters, determine the length, width, and height of said bridge, and thereupon advertise for plans and price for the construction of said bridge, such adver- Advertisement. tisement to be inserted in one or more daily newspapers published in Washington, District of Columbia; New York; Cleveland, Ohio; Detroit, Michigan; Philadelphia, Penn- Sylvania; Chicago, Illinois; Richmond, Virginia; Saint Louis, Missouri, for the space of one week: And provided Part of apprº- further, That the sum of fifteen thousand dollars shall be:..." available at once for such investigation and surveys and Such contingencies as the Secretary of War shall deem nec- essary. SEC. 3. That if in the purchase of the Aqueduct Bridge, Condemnation under the first section, at any time, it shall be deemed nee.*** eSSary to obtain from the Chesapeake and Ohio Canal Com- pany, or its grantees, any release or conveyance of any portion of the ground upon which the northern abutment of the Aqueduct Bridge rests, or right to cross the Chesa- peake and Ohio Canal from the abutment to Bridge street, or if a good title cannot be procured by contract to any 248 LAWS RELATING TO CONSTRUCTION OF BRIDGES property required in the construction of a bridge under the Second section, the same shall be acquired by the Secretary of War by condemnation in the manner provided by the act approved May eighth, eighteen hundred and seventy- Vol. 17, p. 84, two, entitled “An act making appropriations for the legis- lative, executive, and judicial expenses of the Government for the year ending June thirtieth, eighteen hundred and Proviso. Seventy-three, and for other purposes: ” Provided, That the Condemnation proceedings, if any such proceedings are necessary, shall not prevent the taking possession, on pay- ment of the purchase-money, of the Aqueduct Bridge by Condemnation the United States, and opening the same to the public as a #;"; ºftee bridge, if the same shall be acquired under the first to prevent tak- #º. Section : Provided further, That the sum of ten thousand expºs"... dollars of the sum hereby appropriated shall be available diately available to meet the payments under condemnation proceedings, if any shall be had. sºvº. ** SEC. 4. The act approved February twenty-third, eighteen ..al. “ ” hundred and eighty-one, entitled “An act to authorize the Construction of a bridge across the Potomac River at or near Georgetown, in the District of Columbia, and for other purposes,” is hereby repealed. Approved, June 21, 1886. July 9, 1886. CHAP. 757.-An Act making appropriations to provide for the ex- Vol. 24, p. 180. penses of the government of the District of Columbia for the fiscal TT year ending June thirtieth, eighteen hundred and eighty-seven, and for other purposes. . Be it enacted by the Senate and House of Representatives of District of Co- the United States of America in Congress assembled, That the :** half of the following sums named, respectively, is hereby ap propriated, out of any money in the Treasury not otherwise appropriated, and the other half out of the revenues of the District of Columbia, for the purposes following, being the estimated expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and eighty-seven, namely: * $: #: ;: :* t Bridges. CONSTRUCTING, REPAIRING, AND MAINTAINING BRIDGES. Care, repair and For ordinary care, under the Supervision and control of * the Commissioners of the District, of Benning's, Anacostia, and Chain Bridges, including fuel, oil, lamps, and matches, two thousand dollars; for one bridge-keeper at Chain Bridge, six hundred and sixty dollars; and for repairing and maintaining bridges under the control of said commis-, sioners, including Benning's and Anacostia Bridges, ten thousand dollars; in all, twelve thousand six hundred and sixty dollars. $: $: #: 3& $ Approved, July 9, 1886. OVER NAVIGABLE WATERS OF THE UNITED STATES. 249 § CHAP. 759.—An Act to authorize the construction of a bridge across July 10, 1886. the Missouri River at or near the city of Saint Joseph, in the State Vol. 24, p. 138. of Missouri, and to establish it as a post-road. -º-º-º-º-º-º-mºmº -º-º-º-º-º-º-º-m- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Saint Joseph Saint Joseph and Rio Grande Railroad Company of the #: º State of Kansas, its successors or assigns, are hereby, au-Pºn; *::::. thorized to build a bridge across the Missouri River at or ºn "#er”. near the city of Saint Joseph, in the State of Missouri, and ޺nt "seph, to lay on or over said bridge railway tracks for the ſhore ` perfect connection of any railroads that are or shall be con- structed to the said river at or opposite said point, under the limitations and conditions hereinafter provided : Pro- 'Proviso. vided, That said bridge shall not interfere with the free navi- tº: gation of said river beyond what is necessary to carry into ...” effect the rights an I privileges hereby granted. SEC. 2. That any bridge built under the provisions of Construction. this act may, at the option of the company building the same, be built either as a pivot draw-bridge or with un- broken or continuous spans: Provided, That if the said Provisos. bridge shall be made with unbroken and continuous spans, Spans. it shall not be of less elevation in any case than fifty-feet above high-water mark, as understood at the point of loca- tion, to the bottom chord of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said bridge shall be parallel with the cur- rent of the river, and the main span shall be over the main channel of the river and not be less than three hundred feet in length: And provided also, That if any bridge built Draw. under this act shall be constructed as a pivot draw.bridge, the same shall be constructed with a draw OVer the main channel of the river at an accessible and navigable point, with spans not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw ; and the next adjoining spans to the draw shall be not less than three hundred feet, if the proper location of the draw over the channel will admit spans of this width between it and the shore; and said spans shall not be less than thirty feet above low-water mark, and not less than twenty feet above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of the said bridge shall be parallel with the current of the river: And provided also, That said draw shall be opened promptly, upon reasonable signal, for passage of boats. SEC. 3. That in case said bridge be constructed as a low ºn if bridge, there shall be at leastone protection-pier of masonry,” ” Crib-work, or piling extending from the upper end of a pivot- pier or one of the rest piers of a draw-span, up stream, for a distance of not less than five hundred feet from the cen- ter line of the bridge, or such other distance as may be de- termined by the Secretary of War, which protection-pier Shall be properly arranged with ring-bolts and fender-plank- ing so as to enable boats to tie up alongside of it and drop down through the draw-openings at such times as it may be dangerous to attempt the passage of the draw-opening un- der headway. That all draw or pivot spans authorized by Opening draw. 250 LAWS RELATING TO CONSTRUCTION OF BRIDGEs this act shall be operated by steam or other reliable me- chanical power, and shall be opened promptly upon reason- able signal for the passage of boats, except when trains are passing over said span or spans; but in no case shall un- necessary delay occur in opening said draw after the pass- age of trains; and in case the opening of a draw be delayed by reason of the passing of a train after the signal has been given from a boat ready to pass through, the draw shall be opened for the passage of such boat before another train is allowed to pass over the bridge. That the piers of all high channel spans and all pivot-spans shall be built parallel , with the current of the river at that stage of water which is most important for navigation; and riprapping, or other protection for imperfect foundations which will materially lessen the water-way, shall not be employed in the channel- ways of the high spans or of the draw-openings, and piers which will produce cross-currents or bars dangerous to navi- gation shall not be constructed, and if, after construction, any piers or protection-walls are found to produce the above mentioned effects, the nuisance shall be abated or corrected by or at the expense of the persons owning said bridge. gººdstonaviga. That in case the approaches to draw-span openings, channel- ë spans, or raft-passages in said bridge be found dangerous or difficult of access by any important class of river traffic, the Secretary of War shall order the construction of such sheer-booms, guide-piers, or other similar device as will Ob- viate the difficulty, which sheer-booms, guide-piers, or other device shall be paid for by the persons owning said bridge. That the persons owning, controlling, or operating the bridge authorized by this act shall maintain, at their own expense, from Sunset to sunrise, throughout the year, and Lights, etc. during heavy fogs, such lights or other signals as the Light- House Board shall prescribe, and shall, in case a high bridge be constructed, during the season of navigation, have posted in a conspicuous place on or near the bridge the clear head- room under the channel-span on that day, the figures ex- pressing this height to be not less than two feet high, and to be readily visible from apy point in the channel of the river for a stretch of three thousand feet above and one thousand feet below the bridge. To be a lawful SEC. 4. That any bridge constructed under this act and †. *** according 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 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 their transportation over the railroads or public highways leading to the said bridge. Other compa. SEC. 5. That all railway companies desiring to use the .**** **said bridge shall have and be entitled to equal rights and privileges in the passage of the same and in the use of the secretary of machinery and fixtures thereof, under and upon such terms ... "P" 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. ovER NAVIGABLE WATERS OF THE UNITED STATEs. 251 SEC. 6. That any bridge constructed under this act 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 shall submit to the Secretary of War, for his éx- amination and approval, a design of the drawings of the bridge and piers and a map of the location, giving, for the space of at least 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 currents at all stages, and the sound- ings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and until said plan and loca- tion of the bridge are approved by the Secretary of War the bridge shall not be built; and if any change be made in the plan of construction of said bridge during the prog- ress of the work thereon, or before the completion of said bridge, such change shall be subject to the approval of the Secretary of War; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and the said structure shall be changed at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and con- Venient navigation of said river; and the authority to erect and continue said bridge shall be subject to the revocation or modification by law whenever the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, suit may be brought in the circuit courts of the United States of Missouri or Kansas in whose jurisdic- tion any portion of said bridge may be located. SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 10, 1886. CHAP. 775, −An Act to authorize the construction of a railroad, Wagon, and foot-passenger bridge across the Mississippi River at or near Dubuque, in the State of Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chicago, Burlington and Northern Railroad Company, its Successors and assigns be, and they are hereby, authorized to construct and maintain a railroad, wagon, and foot-pas- Senger bridge across the Mississippi River at a suitable point in the vicinity of the city of Dubuque, in the State of Secretary of ar to approve plans, locations, etc. Litigation. Right to amend, etc., reserved. July 19, 1886. Vol. 24, p. 144. Chicago, Bur- lington a n d Northern Rail- To a d Company authorized to bridge the Mis- sissippi River. 252 LAWS RELATING TO CONSTRUCTION OF BRIDGES R. a. i l r o a d, Wagon, and foot- bridge. , Free naviga- tion not to be im- paired. Litigation. Tolls. Proviso. Location. Construction. Pravisos. Spans. Draw. Location of pivot-pier. Opening-draw. Iowa, and to lay on or over said bridge a railroad track or tracks for the more, perfect connection of any railroad or railroads that are or shall be constructed to said river, On either or both sides thereof, at or opposite said point, under the limitations and conditions hereinafter provided; that said 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 or alleged obstruction to the free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge of obstruction touches. Said bridge shall be constructed to provide for the passage of railroad trains, and for the pas- Sage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be fixed from time to time by the Secretary of War: Provided, That the proviso regarding wagons, animals, foot-passengers, and so forth, shall not influence the location of said bridge in its relation to the interests of navigation. SEC. 2. That any bridge built under the provisions of this act may, at the option of the company building the Same, be built as a draw-bridge or with unbroken and con- tinuous spans: Provided, That if the said bridge shall be made with unbroken and continuous spans, it shall give clear head-room of not less in any case than fifty-five and one-half feet above extreme high-water mark, as understood at the point of location, nor shall the spans of said bridge give a clear width of water-way of less than two hundred and fifty feet, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be Over the main channel of the river and give a clear width of water-way of not less than three hundred feet: And pro- wided further, That if any bridge built under the provisions of this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw Over the main channel of the river at an accessible and navigable point, and with spans giving a clear width of Waterway of not less than one hundred and sixty feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall give a clear Width of water-way of not less than two bundred and fifty feet : Provided, That if the pivot-pier of said bridge shall be constructed within less than four hundred and ten feet of the east shore of said river, the span constructed east of said pivot-pier may be less than two hundred and fifty feet, and said spans shall give clear head room of not less than thirty feet above low-water mark, and not less than ten feet above extreme high-water mark and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected : And provided also, That said draw shall be opened promptly upon reasonable signal for the pas- sage of boats, except when trains are passing over the draw; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. In the OVER NAVIGABLE WATERS OF THE UNITED STATES. 253 event that the bridge herein provided for, or any part thereof, shall be constructed within seven hundred and fifty feet south of the present bridge between Dubuque and East Dubuque, any expenditures that may hereafter be made by the owners of the bridge now constructed for the purpose . of guarding against casualties by floods or ice, and made Protection either north of the present bridge or around the piers of tºº.ºrge the same, shall be borne in equal parts by the two com- g panies, respectively, and paid for as the work progresses; and any expenditures which have been made or that may be hereafter made for the purpose of complying with exist- ing laws or laws hereafter enacted for the protection of navigation, by means of sheerbooms or otherwise, shall be borne equally by the two companies aforesaid: Provided, That in the location of the piers of said britige, if made within seven hundred and fifty feet, due regard shall be had to the existing structure, and said piers shall be so con- structed as not to increase the danger of the same either from floods or ice. SEC. 3. That any bridge constructed under this act and, ºw: according to its limitations shall be a lawful structure, and tº and shall be known as a post-route, and the same is hereby de- clared to be a post-route, upon which also 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, 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 bave the right of way for postal- Postal tele- telegraph purposes across said bridge. graph. SEC. 4. That all railway companies desiring to use said Other compa. bridge shall have and be entitled to equal rights and privi-ś"* leges in the passage of the same, and in the use of the ma- chinery and fixtures thereof, and ofall the approaches thereto, - under and upon such terms and conditions as shall be pre- Secretary of scribed by the Secretary of War, upon hearing the allega-\iet.” tions and proofs of the parties, in case they shall not agree. SEC. 5. That the structure herein authorized shall be built and located under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said Plans, etc., to be company or corporation shall submit to the Secretary of tº: Wise. War, for his examination and approval, a design and draw- ing of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the pro- posed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navi- gation the bridge shall not be commenced or built; and should any change be made in the plan of said bridge dur- 254 LAWS RELATING TO CONSTRUCTION OF BRIDGES Lights. Right to amend, etc., reserved. July 20, 1886. Vol. 24, p. 147. City of Detroit authorized to bridge Detroit F. iv er between the city and Belle Hsle Park. t ing the progress of construction, such change shall be sub- ject to the approval of the Secretary of War; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and for the safety of ves- sels 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 Secretary of War; and the said structure shall be changed or removed at the cost and expense of the owners thereof, from time to time as Congress may direct, So as to preserve the free and convenient navigation of Said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law when the public good shall, in the judgment of Congress, so re- Quire, without any expense or charge to the United States. SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, July 19, 1886. CHAP. 778. –An Act to provide for the construction of a bridge across the west channel of the Detroit River to connect Belle Isle Park with the mainland. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress is hereby given to the municipality known as the city of Detroit, a body corporate existing by and under the laws of the State of Michigan, to erect a bridge across the Detroit River between any point on the northwestern bank of said river within the limits of said Corporation aforesaid and the island in the Detroit River heretofore known as Belle Isle, and now known and desig- nated as Belle Isle Park, the said bridge to be devoted to such general use as may be prescribed by the municipal authorities of the city of Detroit. Not to obstruct SEC. 2. That the bridge authorized to be erected by this Thavigation. Draw, Height. Draw to be op- erated by Steam. act shall be so located and constructed that the channel of said Detroit River shall not be unreasonably obstructed, but that a draw or pivot span of not less than one hundred and twenty-five feet clear opening on each side of the pivot-pier shall be located over the above-specified channel in such a manner that one or both of the openings of said draw or pivot span can be conveniently and safely reached and passed by boats pursuing the ordinary channel of the river; that one opening at least of a draw or pivot span shall be over the best and most convenient channel of the river for such classes of river traffic as shall find it convenient to use said channel. SEC. 3. That the height at which said bridge shall be con- structed above the surface of the river shall be such as may be approved by the Secretary of War. SEC. 4. That all draw or pivot spans authorized by this act shall be operated by steam or other reliable mechanical power, and shall be opened promptly upon such signals as are now prescribed by law for the passage of boats through OVER NAVIGABLE WATERS OF THE UNITED STATES. 255 draw or bridges, and such other and further regulations as may be prescribed in the premises. SEC. 5. That piers upon which said bridge is built shall Piers. be parallel with the current of the river, and so as to avoid producing cross-currents or bars daugerous to navigation; and if, after construction, any piers are found to produce the above-mentioned effects, the nuisance shall be abated or corrected by or at the expense of the corporation owning or operating said bridge, and when advised by the Secretary Of War. - SEC. 6. That it shall be the duty of the municipal corpo- Lights. ration authorized to erect a bridge under this act to main- tain, at its own expense, from sunset to sunrise of each day throughout the season of navigation, and during heavy fogs, such lights on the bridge as may be required by the Light-House-Board for the security of navigation. SEC. 7. That any bridge constructed under this act and To be lawful according to its limitations shall be a lawful structure, and ... ** shall be recognized and known as a post-route, over which the mails, troops, and munitions of war of the United States may be transported at no higher charge than is made for transportation of said mails, troops, and munitions of War over railroads and public highways leading to Said bridge; and the United States shall have the right of Way for pos- Postal tele. tal-telegraph lines and appliances across said bridge. graph. SEC. 8. That before commencing work on the bridge con- Secretary of templated in this act it shall be the duty of the municipal Mºve authorities of the city of Detroit to submit to the Secretary of War, for his examination, a design and drawing of the bridge and piers, and a map of the location, giving, for the space of one-half mile above and one-half mile below the pro- posed location, the topography of the banks of the river, the shore-lines at high and low water, the direction of the current, and soundings showing accurately the bed of the stream, and such other and further information as the Sec- retary of War may require for a full and satisfactory under- standing of the subject. SEC. 9. That when the Secretary of War is satisfied that, Construction to the provisions of this act have been complied with in the ...º. matter of location and the submission of plans, the build- º aS to ing of the piers may at once commence; but if it shall ap.” pear that the conditions prescribed by this act cannot be complied with at the location where it is desired to con- struct the bridge, the Secretary of War shall, after consid- ering all remonstrances filed against the building of Said bridge, and furnishing copies of remonstrances to the board Remonstrances. of engineers provided for in this act, detail a board of ex- perienced engineers from the Engineer Corps of the United States Army to examine the case, and may. On their recom- mendation, authorize and direct such modifications as ap- pear necessary. SEC. 10. That the Secretary of War may, in his discretion, appoint one or more Army engineers to Supervise and per- Board of Army sonally examine the construction of said bridge; and that ºº the proposed bridge shall only be a lawful structure when * built as approved by the Secretary of War, who shall have 256 LAWS RELATING to construction of BRIDGEs authority, by and with the advice of the engineers detailed by him, to order such change in construction or appliances . as he may deem necessary for the safety of said bridge and the convenience of navigation. Litigation. SEC. 11. That in case of any litigation from any obstruc- tion, or alleged obstruction, to navigation created by the construction of any bridge under this act, the cause or ques- tion arising may be heard by the District Court of the United States of any State in which any portion of said obstruction Or bridge touches. Municipallaws SEC. 12. That the municipal laws and ordinances of the §:” “city of Detroit may be enforced on said bridge, and the care, control, and the use of the same shall be governed by ordi- nances of the city enacted, as though said bridge was a public street in said city. Right to amend, SEC. 13. That the right to alter, amend, or repeal this *** act, and to require the removal of material obstructions to . navigation by the construction of any bridge under its pro- visions, is hereby expressly reserved, without any liability Of the Government for damages on account of such altera- tions, amendment, or repeal, or on account of the preven- tion or the requiring of the removal of any such obstruction; and if any change be made in the plan of any bridge con- structed under this act, during the progress of the work thereon or before the completion of said bridge, such change shall be subject to the approval of the Secretary of War; and any change in the construction or any alteration of any such bridge, and the removal of any such obstruction, that may be directed at any time by Congress or the Secretary of War, shall be made at the cost and expense of the owners of the said bridge. tº, Approved, July 20, 1886. July 29, 1886. CHAP. 802. —An Act to authorize the Bellingham Bay Railway and vol. 24, p. 160. Navigation Company to build certain bridges in the Territory of — Washington. Bellingham Be it enacted by the Senate and House of Representatives of gº the United States of America in Congress assembled, That the Čompany author. Bellingham Bay Railway and Navigation Company, a cor- tº ºporation duly organized under the laws of Washington Ter- ington Territory, ritory, its successors or assigns, be, and is hereby, author- ized to construct, maintain, and operate bridges, and ap- No o kis a c k proaches thereto, Over the Nooksack River, in the county of *...it steer. Whatcom, the Skagit River, in the county of Skagit, and the Štiiſaguamish Stillaquamish and Snohomish Rivers, in the county of Sno- *ś, nomish homish, at the points where the said company's lines of rail- River. ways, as now projected, Cross said rivers respectively; said bridges shall be constructed to provide for the passage of railway trains, and, at the option of said company by which the same or either of the same shall be built, may be used wagon and for the passage of wagons and vehicles of all kinds, for the *...* transit of animals, and for foot-passengers, for reasonable rates of toll to be fixed by said company; but such rates shall be reasonable rates, and the Secretary of War shall OVER NAVIGABLE WATERS OF THE UNITED STATES. 257 have the right from time to time to revise, prescribe, and fix the Same. Said company shall also have the right to cross Right to cross either Lake Union or Salmon Bay (sometimes, called Shil-jºº " shole Bay), or the waters between, or the canal built or to be º built between said Lake Union and said bay. Said works to Contain a draw of such width as shall accommodate the Draw. commerce passing through said waters, and to be built upon plans to be approved by the Secretary of War, as provided in section two of this act, and subject to be changed, en- larged, and altered from time to time as the Secretary of War or Congress shall from time to time direct, and as the exigencies of commerce nuay require. SEC. 2. That the plan and location of any bridge the con- Plans subject struction of which is hereby authorized shall be subject to gº; the approval of the Secretary of War; and each of the same sº shall be so located as not materially to obstruct or impair the free navigation of such rivers respectively or said canal, and shall be built with piers parallel to the current, leaving the water-way unobstructed by riprap, or piling, or other obstructions, and shall have at the crossing of each of the main channels of said rivers or said canal (unless the same shall be built above the head of navigation) a draw of the Draw. width to be fixed by the Secretary of War, which shall be located at the points best calculated to accommodate com- merce, to be determined by the Secretary of War; which draws shall at all times be opened promptly for passing ves- sels, upon reasonable signal, except when railway trains are passing over the same; and at all times during the season of navigation proper signal-lights shall be used and main- Lights. tained, at the expense of the aforesaid company, its suc- cessors and assigns, to guide vessels approaching said draws: Provided, That the construction of neither of said Proviso. . . bridges shall be commenced until the plan location, and toº."g. width of draw thereof has been approved by the Secretary tary of War's ap- of War, and the said company has been notified in writing” of the same. SEC. 3. That any bridge built under this act shall be a To be lawful lawful structure, and shall be recognized and known as a ...” and post-route; upon which also 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 highways leading to such bridge; and it shall enjoy the rights and privileges of other post-routes in the United States. And the said structure shall be changed, Changes. at the cost and expense of the owners thereof, or persons controlling or operating the same, from time to time, as Con- gress may direct, so as to preserve the free and convenient navigation of said rivers and bays; and the authority to erect and continue any and all said bridges shall be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require; and all such structures shall, upon such revocation, be removed, at the expense of the owners thereof, or the persons controlling and operating . the same. SEC. 4. That in case of any litigation arising from any Litigation. 1574 BR-17 258 LAWS RELATING TO CONSTRUCTION OF BRIDGES obstruction or alleged obstruction to the free navigation of Said rivers and waters caused or alleged to be caused by Said bridges or other obstructions, the case may be brought in the district court of the district where such obstruction is alleged to exist, unless meanwhile the portion of said Ter- ritory where said erection exists shall have been admitted into the Union as a State, in which case the same may be brought in the circuit court of the United States of such Proviso. State : Provided, That nothing in this act shall be so con- Navigation not strued as to repeal or modify any of the provisions of law *** now existing in reference to the protection of the naviga- tion of rivers, or to exempt said bridges from the operation of the same. Right to SEC. 5. That the right to alter, amend, or repeal this act ... * * is hereby expressly reserved. Approved, July 29, 1886. July 29, 1886. CHAP. 804.—An Act to grant the Astoria and Winnemucca Railroad Vol. 24, p. 161. Company the right to construct bridges over navigable water- — courses. Bø it enacted by the Senate and House of Representatives of Astoria and the United States of America in Congress assembled, That the Yº..."..." consent of the Government is hereby given to the Astoria pººl, and Winnemucca Railroad Company, a corporation duly Will.i.e. ºf organized under the laws of Oregon, to build railroad bridges * across the Willamette River, south of Oregon City, at such Courses, oregon. point as it may select, and across such other navigable streams or sloughs within the State of Oregon as it may be necessary to bridge along the line of said railroad or along the line of any of its branches. Construction. SEC. 2. That any bridge built under the provisions of this act may, at the option of said railway company, be built as a draw-bridge or with unbroken and continuous spans: Provisos. Provided, That if any such bridge shall be made with un- Spans. broken and continuous spans, the main span shall be over the main channel of such navigable river or slough, and shall be of such width, and the lowest part of the super- structure shall be of such height above extreme high-water mark, as the Secretary of War may prescribe, and such bridge shall be at right angles to and its piers parallel with the current or channel of the river or slough over which it may be constructed; and if any bridge built under this act Draw. . shall be constructed as a draw-bridge, the same shall be constructed with an opening over the center of the channel of the river or slough, and shall be of such width, character, and construction as the Secretary of War shall prescribe, and the piers of said bridge shall be parallel With the cur- rent, and the draws of said bridge shall be over the main or deep channel of the river or slough, as may be fixed and determined by the Secretary of War: Provided also, That said draws shall be opened promptly upon reasonable sig- mal for the passage of boats, and in no case shall unnec. essary delay occur; and said company or Corporation shall maintain, at its own expense, from Sunset to sunrise, such over NAVIGABLE WATERS of THE UNITED STATES. 259 lights or other signals on said bridge as the Light-House Lights, etc. Board shall prescribe: Provided also, That said bridge or bridges, at the option of the corporation or company by May be wagon which it may be built, may be used for the passage of wagons **** or vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rate of toll as may be Tolls. approved from time to time by the Secretary of War. SEC. 3. That any bridge authorized to be constructed . To be lawful under this act shall be a lawful structure, and shall be rec- *:::::::::" and ognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, upon which also no higher charge shall be made for transmission over the same of the mails, the troops, and the munitions of war of the United States, or for through pas- sengers or freight passing over said bridge or bridges, than the rate per mile for their transportation over the railroads leading to the said bridge or bridges; and the United States shall have the right of way for a postal telegraph across Postal tele. said bridge or bridges. Said bridge or bridges shall be *P* built and located under and subject to such regulations for the security of navigation of navigable rivers or sloughs as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall Submit to the Plans, etc., to Secretary of War, for his examination and approval, a de-tº º sign and drawing of any such bridge, and a map of the lo- War. cation, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river or slough, the shore-line at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed and channel of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject ; and until the said plans and location of the bridge or bridges are approved by the Secretary of War the bridges shall not be built ; and should any change be made in the plan of any such bridge during the progress of construction thereof, such change shall be subject to the approval of the Secretary Of War. - SEC. 4. That all railroad companies desiring the use of other compa- any bridge constructed under this act shall have and be en-jºº" titled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, de- siring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall Terms to be de- conform in using said bridge, all matters at issue between ...","Wilº" them shall be decided by the Secretary of War upon a hear- ing of the allegations and proofs of the parties. SEC. 5. That such alterations or changes as may be re- Changes. quired by the Secretary of War or Congress in bridges con- Structed under the provisions of this act shall be made by the persons or corporations owning or controlling said 260 LAWS RELATING TO CONSTRUCTION OF BRIDGES bridges, at their own expense; and it is hereby expressly cºnd, provided that CQngress reserves the right at any time to • 3 alter, amend, or repeal this act. Approved, July 29, 1886. mºmsº º- ***. July 29, 1886. CHAP. 805–An Act authorizing the city of Salem to construct a Vol. 24, p. 163. bridge across the Willamette River, in the State of Oregon. Be it enacted by the Senate and House of Representatives of Salem, Oregon, the United States of America in Congress assembled, That §§§ the city of Salem, in the county of Marion and State of fºotbridge across Oregon, be authorized and permitted to build a wagon and Yººnette foot bridge across the Willamette River at such point as it may select opposite said city and between the counties of Marion and Polk, in the State of Oregon. Such bridge may also, at the option of said city, be so constructed as to be available as a railroad bridge. Construction. SEC. 2. That such bridge built under the provisions of this act may, at the option of said city of Salem, be built as a draw-bridge or with unbroken and continuous spans: Provisos. Provided, That if such bridge shall be made with unbroken Spans. and continuous spans, the main span shall be over the main channel of such navigable river, and shall lie of such width, and the lowest part of the superstructure shall be of such, height above extreme high-water mark, as the Secretary of War may prescribe; and such bridge shall be at right angles to and its piers parallel with the current or channel of the said river. And if such bridge built under this act shall be Draw. constructed as a draw, bridge, the same shall be constructed with an opening over the center of the channel of the river, and shall be of such width, character, and construction as the Secretary of War shall prescribe; and the piers of said bridge shall be parallel with the current, and the draws of said bridge shall be over the main or deep channel of the river, as may be fixed and determined by the Secretary of Opening draw. War: Provided also, That said draws shall be opened promptly upon reasonable signal for the passage of boats, and in no case shall unnecessary delay occur; and said city of Salem shall maintain, at its own expense, from sunset to Lights, etc. Sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: Provided also, That said bridge at the option of the said city of Salem, by which it may be built, may be used for the passage of wagons or vehicles of all kinds, for the transit of animals, and for foot- Tolls. passengers, for such reasonable rate of toll as may be ap- proved from time to time by the Secretary of War, or the May be free same shall, at the option of said city of Salem, be a free bridge. bridge. To be a lawful SEC. 3. That the bridge authorized to be constructed un- ...” ” der this act shall be a lawful structure, and shall be recog. post-route. {e cº & * nized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, upon which also no higher charge shall be made for trans- mission over the same of the mails, the troops, and the munitions of war of the United States, or for through pas- OVER NAVIGABLE WATERS OF THE UNITED STATES. 261 sengers or freight passing over said bridge, than the rate per mile for their transportation over any railroad leading to the said bridge; and the United States shall have the Postal tele. right of way for a postal telegraph across said bridge. Said” bridge shall be built and located under and subject to such regulations for the security of navigation of navigable rivers as the Secretary of War shall prescribe; and to secure that . Secretary of object the said city of Salem shall submit to the Secretary ...” of War, for his examination and approval, a design and y drawing of such bridge, and a map of the location, giving, for the space of one mile above and one mile below the pro- posed location, the topography of the banks of the river, the shore-line at high and low water, the direction and strength of the current at all stages, and the soundings, ac- curately showing the bed and channel of the stream, the location of any other bridge or bridges, and shall furnish Such other information as may be required for a full and Satisfactory understanding of the subject; and until the Said plans and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plan of such bridge during the progress of construction thereof, such change shall be sub- ject to the approval of the Secretary of War. SEC. 4. That such alterations or changes as may be re- Changes. quired by the Secretary of War or Congress in the bridge Constructed under the provisions of this act shall be made by the said city of Salem, at its own expense; and at any time after the completion of such bridge the said city of Salem may, at its option, surrender and transfer to the Counties of Marion and Polk, in the State of Oregon, the . May be trans. said bridge, and the entire control and management thereof, jº.”. in which event, and in case of the acceptance thereof by ties. Said counties of Marion and Polk, they shall thenceforth be Subject to all the obligations and conditions imposed on the City of Salem by the provisions of this act. And it is here- by expressly provided that Congress reserves the right at Right to any time to alter, amend, or repeal this act. º, etc., re. , Approved, July 29, 1886. CHAP. 806.--An Act granting to the Oregonian Railway Bridge Com - July 29, 1886. pany of Oregon the right to construct a bridge over the Willainette Vol. 24, p. 164. River in the vicinity of Ray’s Landing, Oregon. -–tº- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Oregonian Railway Bridge Company, a corporation duly Oregonian Rail. organized under the laws of Oregon, be authorized and per-jºi mitted to build a railroad bridge across the Willamette to bridge the Wii. River south of Oregon City, at such point as it may select.”; in the vicinity of Ray's Landing, within the State of Oregon. Oregon. SEC. 2. That the bridge built under the provisions of this Construction. act may, at the option of Said bridge company, be built as a draw-bridge or with unbroken and continuous spans: Provided, That if such bridge shall be made with unbroken Provisos. and continuous spans, the umain span shall be over the main spans. 262 LAWS RELATING TO CONSTRUCTION OF BRIDGES channel of such navigable river, and shall be of such width, and the lowest part of the superstructure shall be of such height above extreme high-water mark, as the Secretary of War may prescribe, and such bridge shall be at right angles to and its piers parallel with the current or channel of the river over which it may be constructed; and if the bridge Draw. built under this act shall be constructed as a draw-bridge, the same shall be constructed with an opening over the center of the channel of the river, and shall be of such width, character, and construction as the Secretary of War shall prescribe, and the piers of said bridge shall be parallel with the current, and the draws of said bridge shall be over the main or deep channel of the river, as may be fixed and Opening draw, determined by the Secretary of War: Provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats, and in no case shall unnecessary delay occur; and said company or corporation shall main- Lights, etc. tain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: Provided also, That said bridge, at the op- tion of the corporation or company by which it may be lºgºnandfoot built, may be used for the passage of wagons or vehicles ridge. of all kinds, for the transit of animals, and for foot-passen- Tolls. gers, for such reasonable rate of toll as may be approved from time to time by the Secretary of War. To be a lawful SEC. 3. That the bridge authorized to be constructed un- i... ** der this act shall be a lawful structure, and shall be recog. nized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, upon which also no higher charge shall be made for transmission over the same of the mails, the troops, and the munitions of war of the United States, or for through passengers or freight passing over said bridge, than the rate per mile for their transportation over the railroads leading Postal tele- to the said bridge; and the United States shall have the graph. right of way for a postal telegraph across said bridge. Said bridge shall be built and located under and subject to such regulations for the Security and navigation of navigable w;"; of rivers as the Secretary of War shall prescribe; and to se- jºr.” cure that object the said company or corporation shall sub- mit to the Secretary of War, for his examination and ap- proval, a design and drawing of such 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 at all stages, and the soundings, accurately showing the bed and channel of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plans and location of the bridge are approved by the Secretary of War the bridge shall not be built ; and should any change be made in the plan of such bridge during the progress of construction thereof, such change shall be subject to the approval of the Secretary of War. OVER NAVIGABLE WATERS OF THE UNITED STATES. 263 SEC. 4. That all railroad companies desiring the use of other compa- the bridge constructed under this act, shall have and be en-jºº" titled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compen- sation for such use; and in case the owner or owners of said bridge and the said railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon 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 secretary of upon a hearing of the allegations and proofs of the parties. ...” decide SEC. 5. That the right to alter or amend this act so as to Right to amend, prevent or remove all material obstructions to the navigation * reserved. of said river is hereby expressly reserved ; and all changes or alterations so required shall be made at the expense of changes. the parties owning or controlling said bridge. Approved, July 29, 1886. CHAP. 807.-An Act to authorize the construction of bridges across July 29, 1886. the Tennessee and Cumberland Rivers by the Ohio Valley Railway vol. 24, p. 165. Company. --------------- *-* Be it enacted by the Senate and House of Representatives of Qhio Valley the United States of America in Congress assembled, That the iº.º. Ohio Valley Railway Company, organized under act of the bridge Tennessee general assembly of the commonwealth of Kentucky, be, #.” and is hereby, authorized to construct and maintain bridges, and approaches thereto, over the Tennessee River at any point below Aurora, in the State of Kentucky, and the Cum- berland River at any point below Canton, on said river. Said bridges shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which they may be built, may be used for the passage of Railway, wagon, wagons and vehicles of all kinds, for the transit of animals, **** and for foot-passengers. SEC. 2. That any bridge built under this act and subject ...To be lawful to its limitations shall be a lawful structure, and shall be:... a n d recognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States. SEC. 3. That all railroad companies desiring the use of Other compa; said bridges shall have and be entitled to equal rights and #."” privileges relative to the passage of railway trains 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 said bridges and the several railroad Companies, or any of them, desiring such use, shall fail to agree upon the sum or Sums to be paid, and upon rules and conditions to which each shall conform in using said bridges, all matters at issue between them shall be decided ...Secretary of by the Secretary of War upon a hearing of the allegations ...” “ and proofs of the parties. s: SEC. 4. That any bridges authorized to be constructed ... Secretary of under this act shall be built and located under and subject...” to such regulations for the security of navigation of said 264 LAWS RELATING TO CONSTRUCTION OF BRIDGES Right to amend, etc., reserved. Commencement and completion. July 29, 1886. Vol. 24, p. 166. Clatsop Coun- ty, Oregon, au- thorized to bridge Young's Bay, un- der approval o Secretary of War. Skipanon Creek. Proviso. Opening draws. Lights, etc. To be a lawful structure and post-route. rivers 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 drawings of the bridges, and a map of the loca- tion, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the rivers, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and Sat- isfactory understanding of the subject; and until the said plan and location of the bridges are approved by the Secre- tary of War the bridges shall not be built, and should any change be made in the plan of said bridges during the prog- ress of construction, such changes shall be subject to the approval of the Secretary of War. SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved. SEC. 6. It is hereby provided that the bridges authorized to be constructed by this act shall be commenced within twelve month’s and completed within three years from the passage of this act. Approved, July 29, 1886. CHAP. 809.-An Act granting to the county of Clatsop, in the State of Oregon, the right to construct a bridge across Young's Bay, a navi- gable stream in said county and State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the county of Clatsop, in the State of Oregon, is hereby author- ized and empowered to construct a bridge across Young's Bay, a navigable stream in said county and State, at such point as said county may select and may be approved by the Secretary of War, with such channel-spans, draws, safe- guards and auxiliary works as shall cause the bridge not unduly to obstruct or injure the navigation of the Waters crossed by it; and that said channel-spans and structures shall be as the Secretary of War may prescribe; and also to construct, establish, and maintain a bridge across Skip- anon Creek, in the county of Clatsop, in the State of Oregon, by permanent embankment or otherwise, as the Secretary of War may approve: Provided also, The said draws shall be Opened promptly upon reasonable signal for the passage of ships and boats, and in no case shall unnecessary delay occur; and said county shall maintain, at its own expense, from Sunset to sunrise, such lights or other signals on said bridges as the Light-House Board shall prescribe. SEC. 2. That any bridge authorized to be constructed under this act shall be a lawful structure, and shall be rec- Ognized as a post-route; and it shall enjoy the rights and privileges of other post-routes in the United States, upon which also no higher charge shall be made for transmission over the same of the mails, the troops, and the munitions OVER NAVIGABLE WATERS OF THE UNITED STATES. 265 of war of the United States, or for through passenger or freight l'assing over said bridge, than the rate per mile for their transportation over any railroad or other routes lead- ing to said bridge, or over said stream in the vicinity; and the United States shall have the right of way for a tele- Telegraph. graph across said bridges; the said bridges to be built and located under and subject to such regulations for the Secur- ity of navigation on Said bay and creek as the Secretary of Secretary of War shall prescribe; and to secure that object the said ...” county, by its proper court and duly authorized officers or agents, shall submit to the Secrtary of War, for his exam- ination and approval, a design and drawing of such bridge across Young's Bay, and a map of Young's Bay from the mouths of its navigable tributaries to the adjacent ship- channel, which map shall be on a scale of at least one to twenty thousand, and whose topography of the shores and hydrography shall reasonably represent the banks, the bot- tom, and stealnboat channels by contours of six feet, and which shall be accompanied by other maps, drawn to a scale of one inch to two hundred feet, giving, within areas of one- fourth of a mile from each draw-span, an accurate repre- sentation of the bottom of the bay by contour-lines two feet apart, determined by accurate soundings, and also showing the force and direction of the currents at each two feet of tidal stage, by triangulated observations on suitable floats; also showing the Skipanon Creek to the head of usual navi- gation. The maps shall also show the locations of other bridges in the vicinity, and shall give such other informa- tion as the Secretary of War may require for a full and satis- factory understanding of the subject. SEC. 3. Thai Congress shall have power, at any time, to Right to amend, alter or amend this act so as to prevent or remove all ma- **** terial and substantial obstructions to the navigation of said bay and said creek by the construction of said bridges and accessory works; and the expense of altering said bridges Changes. or removing such obstructions shall be borne by the owner of said bridges. Approved, July 29, 1886. CHAP. 811.-An Act to give the assent of Congress to the construc- July 29, 1886. tion of a bridge by the municipalities of Menominee, Michigan, and Vol. 24, p. 168. Marinette, Wisconsin, over Menominee River. - -º-m-m-m-ms- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the .Menominee, assent of Congress is hereby given to the municipalities of: W*: Menominee, in the State of Michigan, and Marinette, in the ºt...? State of Wisconsin, to construct and maintain a bridge, and minº River. approaches thereto, over the Menominee River, between the States of Michigan and Wisconsin, at a point to be deter- mined by said municipalities, not to exceed one and one- fourth miles from the mouth of said river. SEC. 2. That any bridge built under the provisions of ...To be a lº this act and subject to its limitations shall be a lawful struct-iºt. “ ure and recognized and known as a post-route, and it shall 266 LAWS RELATING TO CONSTRUCTION OF BRIDGES enjoy the rights and privileges of other post-roads in the Pºstal tele. United States: Provided, That the United States may con- graph, Struct a postal telegraph over said bridge without charge therefor. SEC 3. That if said bridge shall be built with unbroken Spans. and continuous spans, the spans thereof shall be of such width and height above the water as may be prescribed by the Secretary of War, and the main span shall be over the main channel of the river, and the bridge shall be at right angles to and its piers parallel with the current of the river: Provisos. Provided, That if the same shall be constructed as a draw- Draw. bridge, the draw or pivot shall be over the main channel at an accessible point, and the spans shall be of such width and height above the water as may be prescribed by the Secretary of War, and the piers of said bridge shall be par- allel with and the bridge itself at right angles to the cur- Opening draw, rent of the river: Provided also, That the said draw shall be opened promptly by said municipalities upon reasonable signal for the passage of boats; that sheer-booms shall be constructed by said municipalities; and that said munici- palities shall maintain, at their own expense, from sunset Lights, etc. to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the tº: free navigation of said river; and if any bridge erected paired. under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of such bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all. Such obstructions be re- moved at the expense of said corporation; and in case of Litigation. any litigation arising from any obstruction or alleged ob- struction to the free navigation of said river, caused or al- leged to be caused by said bridge, the case may be brought in the circuit court of the United States for the western dis- trict of Michigan or the eastern district of Wisconsin, in which any portion of said obstruction or bridge may be tº: located: Provided further, That nothing in this act shall be ect navigation - A. º º & we not repeal.” So construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navi- gation of rivers, or to exempt the bridge herein authorized to be constructed from the operations of the same. Secretary of SEC. 4. That any bridge authorized to be constructed Mºve under the provisions of this act 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 pre- scribe; and to secure that object the said municipalities shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for a space of one mile above the proposed location, and below said location to the shore of Green Bay, at the mouth of said river, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all OVER NAVIGABLE waters OF THE UNITED STATES. 267 stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge dur- ing the progress of construction, such change shall be sub- ject to the approval of the Secretary of War. SEC. 5. That the right to alter, amend, or repeal this act Rightto amend is hereby expressly reserved, and the right to require any “” changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. g Approved, July 29, 1886. CHAP. 902.-An Act making appropriations for Sundry civil expenses August 4, 1886. of the Government for the fiscal year ending June thirtieth, eighteen Vol. 24, p. 222. hundred and eighty-seven, and for other purposes. s-ºs-s-s-s-s-s-s-º-º-º-º Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Sundry civilap. following sums be, and the same are hereby, appropriated propriations. for the objects hereinafter expressed for the fiscal year ending June thirtieth, eighteen hundred and eighty-seven, namely: For the Rock Island bridge as follows: For care and preservation of the Rock Island bridge, b and expenses of maintaining and operating the draw, nine thousand dollars. For protecting the IRock Island bridge by means of sheer- booms, two hundred and fifty dollars. Approved, August 4, 1886. Rock Island ridge. CHAP. 929.--—An Act making appropriations for the construction, re- August 5, 1886. pair, and preservation of certain public works on rivers and harbors, Vol. 24, p. 310. and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC, 4. The Secretary of War shall * * cause to º be made and submitted to Congress annual reports, * * * **śā; on or before December first, . * * * He shall report, at navigation. the same time, whether any bridges, causeways, or struct- ures now erected or in process of erection do or will inter- fere with free and safe navigation. Approved, August 5, 1886. 268 LAWS RELATING TO CONSTRUCTION OF BRIDGEs Jan. 3, 1887. CHAP. 15.-An Aët to authorize the construction of a bridge Vol. 24, p. 356. across the Saint Louis River at the most accessible point between — the States of Minnesota and Wisconsin. piº. Be it enacted by the Senate and House of Representatives of Čºn ºf the United States of America in Congress assembled, That the #.º. Saint Paul and Duluth Railroad Company, a corporation or. tween Minnesota ganized and existing in the State of Minnesota, be, and is *W* hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Saint Louis River, between the States of Minnesota and Wisconsin, at the most feasi- ble point in the State of Minnesota in section seventeen, town forty-nine north, of range fourteen west, to a point op- posite in the State of Wisconsin in section seventeen, town forty-nine north, of range fourteen west. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be Railroadwagon, built, may be used for the passage of wagons and vehicles *** of all kinds, for the transit of animals, and for foot-passen. gers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. Free , naviga. SEC. 2. That any bridge built under this act shall be con- #.; * *structed and built without material interference with the Security and convenince of navigation of said river beyond what is necessary to carry into effect the rights and priv- ileges hereby granted; and in order to secure a compliance With these conditions the corporation, previous to commenc- ing the construction of the bridge, or of the accessory works designed to secure the best practical channel-way for navi- gation and confine the flow of the water to a permanent channel at said point, shall submit to the Secretary of War a plan of the bridge and accessory works provided for in this act, together with a detailed map of the river at the pro- Plans, etc., to posed site of the bridge and for a distance of a mile above §.º.º. and below the site, together with all other information touch- ing said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the º prescribed conditions of this act. Draw. SEC. 3. That any bridge built under this act shall be con- structed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and the best navigable point, and with spans of not less than one hundred and ten feet in length in the clear on each side of the central or Provisos. pivot pier of the draw: Provided, That said draw shall be Opening draw. Opened promptly upon reasonable signal for the passing of boats, vessels, and other water-craft : Provided, however, That no bridge shall be built under the provisions of this act except there also be built, at the time of the erection of Aids to naviga. the piers, proper sheer-booms or other proper protections to tion. safely guide boats, vessels, rafts, and other water-craft through said draw-spans, and at the expense of the com- pany or corporation erecting said bridge ; and said com- pany or corporation shall maintain, at its own expense, Lights. from sunset to sunrise, such lights or other signals on said bridge as the Secretary of War shall prescribe. OVER NAVIGABLE WATERS OF THE UNITED STATES. 269 SEC. 4. That the Secretary of War is hereby authorized, Approval of and directed, upon receiving any such plan and map and #.” “ other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the 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 approve the plan and location of said bridge and accessory works, and notify the company of the same, the bridge shall not be built; and should any change be made in the plan of the bridge or accessory works during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War, not, how- ever, to be in any wise inconsistent with the provisions or Conditions of this act. SEG. 5. That any bridge and accessory works, when built ...To be lawful and constructed under this act and according to the terms ... * and limitations thereof, shall be a lawful structure; and said Charges. bridge shall be recognized and known as a post-route, upon which also no greater charge shall be made for the trans- mission over the same of the mails, the troops, and muni- tions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; an I said bridge shall enjoy the rights and privileges of the other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passen- gers over said bridge; and the United States shall have the right of way for postal-telegraph and telephone lines, Postal tele. free of charge, across said bridge. graph. SEC. 6. That all railroad companies desiring the use of Other compa- said bridge shall have and be entitled to equal rights and jº" privileges relative to the passage of railroad trains or cars Over the same, and over the approaches thereto, upon pay- ment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and Disagreement upon rules and conditions to which each shall conform in ...s.l. using said bridge, all matters at issue between them shall tary of War. be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. SEC. 7. That it shall be the duty of the Secretary of War Company to to require the company or persons owning said bridge to ..." " cause such aids to the passage of Said bridge authorized by the provisions of this act to be constructed, placed, and maintained, at their own cost and expense, in the forms of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of rafts, steam-boats, and other water-craft Safely through the draw and raft spans, as shall be specified in his order in that behalf; and on the failure of the com- pany Or persons aforesaid to make and establish Such addi- tional structures within a reasonable time, the said Secre- º 270 LAWS RELATING TO CONSTRUCTION OF BRIDGES tary shall proceed to cause the same to be built or made at sº, the expense of the United States, and shall refer the matter iº without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the Uni- ted States proceedings in any circuit court of the United States for the circuit in which such bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States, ...sºnd, SEC. S. That the right to alter, amend, or repeal this act • ? is hereby expressly reserved; and the right to require any changes in said structure at the expense of the owners thereof, whenever Congress shall decide that the public in- terests require it, is also expressly reserved. Approved, January 3, 1887. Feb. 3, 1887. CHAP. 91.-An Act authorizing the construction of a bridge over the Vol. 24, p. 375. Mississippi River at Saint Louis, Missouri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sº consent of Congress is hereby given to the Saint Louis Mer- e r c h a n t S 7 D no: , l as ë º c. is & ** #ridge &ompany chants' Bridge Company of Saint Louis, Missouri, a corpo- tº ration created by the laws of the State of Illinois, or its as: sissippi River signs or successors, or any legally incorporated railroad company or companies which may be associated with it therein, to build a bridge as hereinafter described, and main- tain the same, across the Mississippi River at some suitable point between the present Saint Louis bridge known as the Eads Bridge, Saint Clair County, Illinois, and the mouth Proviso. of the Missouri River: Provided, That no bridge shall be Location. constructed across the Mississippi River within two miles above or two miles below the bridge heretofore constructed and known as the Eads bridge. Said bridge shall be con- Railway, foot, structed to provide for the passage of railway trains, and, at #. " ***" the option of the persons by whom it may be built, may be used for the passage of wagons and vehicles, for the transit of animals, and for foot-passengers. sº .* SEC 2. That any bridge built under this act and subject post-route, to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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 trans- portation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. - Construction. SEC. 3. That if the bridge shall be made with unbroken and continuous spans, it shall have at least two channel- spans of not less than five hundred feet clear width each, and one span of three hundred feet clear width of channel- Proviso. way: Provided, That said bridge may have two spans of not Spans. less than seven hundred and fifty feet each clear width of channel-way, if thought best, instead of three spans as afore- said, the said channel-ways to be measured at right angles to ovKR NAVIGABLE WATERS OF THE UNITED STATES. 271 the current at any and all stages of water; and said span or spans shall not be of less elevation in any case than fifty feet above high-water mark, as understood at the point of loca- tion, to the bottom chords of the bridge, and the piers of said bridge shall be parallel with the current of the river, and there shall not be less than fifty feet at high-water mark from the surface of the water to the bottom chords of said bridge. SEC. 4. That the piers of all high channel-spans shall be Piers. built parallel with the current of the river at that stage of water which is most important for navigation ; and riprap- ping or other protection for imperfect foundations which will materially lessen the water-way shall not be employed in the channel-ways of the high spans, and piers which will produce cross-currents or bars dangerous to navigation shall not be constructed; and if, after construction, any piers or protection-walls are found to produce the above-mentioned effects, the nuisance shall be abated or corrected by or at the expense of the persons owning said bridge. SEC. 5. That in case the approaches to channel-spans, or ... Aids to naviga. raft-passages in said bridge be found dangerous or difficult” of access by any important class of river traffic, the Sec- retary of War shall order the construction of such sheer- booms, guide-piers, or other similar device as will obviate the difficulty, which sheer boom, guide-pier, or other device shall be paid for by the persons owning or operating said bridge. SEC. 6. That the persons owning, controlling, or operat- Lights, etc. ing the bridge authorized by this act shall maintain, at their own expense, from sunset to suurise, throughout the year, and during heavy fogs, such lights or other signals as the Light-House Board shall prescribe, and shall, during the season of navigation, have posted in a conspicuous place On or near the bridge the clear head-room under the chan. nel span on that day, the figures expressing this height to be not less than two feet high, and to be readily visible from any point in the channel of the river for a stretch of three thousand feet above and one thousand feet below the bridge. SEC. 7. That no bridge shall be erected or maintained tº: under the authority of this act which shall at any time sub-paired." Stantially or materially obstruct the free navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navi- gation, he is hereby authorized to cause such change or al- teration of such bridge to be made as will effectually obviate such obstruction ; and all such alterations shall be made and all such obstructions be removed at the expense of the persons owning or controlling said bridge; and in case of any litigation arising from any obstruction or alleged ob. Litigation. Struction to the free navigation of Said river, caused or alleged to be caused by said bridge, the case may be brought in the circuit courts of the United States of Missouri or Illi- nois in whose jurisdiction any portion of said bridge unay be located. * SEC. 8. That all railroad companies desiring the use of Right of way said bridge shall have and be entitled to equal rights and ** t; 272 LAWS RELATING TO CONSTRUCTION OF BRIDGES privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use ; and in Case the owner or owners of said bridge and the several railroad 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 Secretary of said bridge, all matters at issue between them shall be de- at to decide disagreements. Plans, etc., to §.º.º. ºf under this act shall be built and located under and subject Secretary o 8.I’. To be finished in two years. cided by the Secretary of War upon a hearing of the alle- gations and proofs of the parties. SEC. 9. That any bridge authorized to be constructed to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and draw- ings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the pro- posed location of the bridge, the topography of the banks of the river, the shore-lines at high and low water, the direc- tion and strength of the current at low, medium, and high- water stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built ; and should any changes be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC, 10. That in case the construction of the bridge au- thorized in this act be not commenced within two years and completed within seven years from the date of its approval, then this act shall be null and void. SEC. 11. That whereas a principal reason for giving au- thority to build the bridge herein contemplated is to secure reasonable rates and tolls for corporations and individuals for passing over the same, the Saint Louis Merchants’ Bridge Company, or its successors or assigns, shall not agree or consent to the consolidation of this bridge with any other Poolingofearn bridge across the Mississippi River, or to the pooling of the ings forbidden. Proviso. Violation t O forfeit franchise. Right to amend etc., reserved. Proviso. earnings of this bridge company with the earnings of any other bridge company on said river, nor shall any person who is or may be a stockholder or director or manager of any other bridge over said river be a stockholder or director or manager of the bridge herein provided for : Provided, That if this provision of this act shall at any time be vio- lated in any of these particulars, such violation shall, with- out legal proceeding, at once forfeit the privilege hereby granted, and said bridge shall become the property of the United States, and the Secretary of War shall take posses. Sion of the same in the name and for the use of the United States. SEC. 12. That the right to alter, amend, or repeal this act is hereby expressly reserved. And it is further provided that no bridge shall be constructed across the Mississippi OVER NAVIGABLE WATERS OF THE UNITED STATES. 273 j. River within two miles above or two miles below the bridge herein authorized. Approved, February 3, 1887. CHAP. 157.—An Act to authorize the construction of a bridge åcross Feb. 21, 1887. the Tradewater River by the Ohio Valley Railway Company. Vol. 24, p. 407. Be it enacted by the Senate and House of Representatives of Rº" º: . the United States of America in Congress assembled, That the pany, authorized Ohio Valley Railway Company, organized under act of the tº §. general assembly of the commonwealth of Kentucky, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Tradewater River, in the State of Kentucky, at such point as said company may deem º suitable for the passage of its said road over said river. Said bridge shall be constructed to provide for the passage Railway, foot, of railway trains, and, at the option of the corporation by tºº. W a g on which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers. & g SEC. 2. That any bridge built under this act and subject º § lº to its limitations shall be a lawful structure, and shall befºe. “ recognized and known as a post-route, and it shall enjoy §: rights and privileges of other post-roads in the United tates. SEC. 3. That all railroad companies desiring the use of . Other compa- said bridge shall have and be entitled to equal rights and **** privileges relative to the passage of railway trains 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 said bridge and the several railroad companies, or any of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon 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 wº.”.e.: proofs of the parties. dºm.” SEQ. 4. That any bridge authorized to be constructed, Plans, etc., to under this act shall be built and located under and subject š. º to such regulations for the security of navigation of said War. 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 thereof; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 21, 1887. 1574 BR--18 274 LAWS RELATING TO CONSTRUCTION OF BRIDGES { ##, º, CHAP. 158.—An Act, to authorize the construction of a high wagon * * P: * and foot-passen ger bridge over the Mississippi River between the city of East Dubuque, in the State of Illinois, and the city of Dubuque, in the State of Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in tº... lieu of the pontoon-bridge authorized by the act of Congress pººl to be constructed over the Mississippi River between the ignº.ii.ve city of East Dubuque, in the State of Illinois, and the city *...*****PP of Dubuque, in the State of Iowa, by the East Dubuque vol.18, p. 522. Bridge company, a corporation organized under the laws of the State of Illinois for that purpose, and amendatory of said act, the Dubuque Pontoon Bridge Company, a corpo- ration organized under the laws of the State of Iowa for a like purpose, and now holding the franchise of said East Dubuque Bridge Company in relation to such bridge, may construct and maintain over said river, at the most suitable Wagon and foot point between those cities, a high wagon-bridge, for the pas- bridge. sage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates Proviso. of toll as said cities may prescribe Provided, That the Sec- retary of War, to whom the plans and specifications for said contemplated high wagon-bridge have been submitted for inspection, shall be of opinion that such high wagon-bridge Nºrº will be no substantial obstruction to the navigation of said I’IVOT. Approved, February 21, 1887. Feb. 23, 1887, CHAP. 212.-An Act to authorize the construction of a bridge over Vol. 24, p. 410. Bayou Barnard, in the State of Mississippi. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it tº shall be lawful for the board of supervisors of Harrison jauthºr county, in the State of Mississippi, to construct a bridge #º across Bayou Barnard, at a point in or near the town of Handsborough, in said county, for the transit, without tolls, Proviso. of persons, animals, and vehicles of all kinds: Provided, Draw. That the said bridge shall have a draw of not less than thirty feet, and as much more as may be necessary for the passage of steam or sail boats or other water-crafts navigating said bayou; and said authorities shall have some person in charge of said draw, so that at all times the same may be opened for the passage of boats without unnecessary delay: And provided further, That before any bridge shall be built wº under this act the plans therefor, width of spans, and the lo- §.º.º. ºcation of said bridge shall be submitted to and approved by War. the Secretary of War. SEC. 2. That the said Board of Supervisors shall main- tain, at their own expense, from sunset to Sunrise, through- Ilights. out the year, and during heavy fogs, such lights on the bridge as may be required by the Light-House Board for the security of navigation. OVER NAVIGABLE WATERS OF THE UNITED STATES. 275 SEC. 3. That the right to alter or amend this act so as to jºind, prevent or remove all material obstructions to the naviga.” gation of said river is hereby expressly reserved, and all changes or alterations so required shall be made at the ex- pense of the parties owning or controlling said bridge. SEC. 4, That if the construction of the bridge authorized *a* †: herein be not commenced and completed within three years; * * from the approval of this act this act shall be null and void. SEC. 5. That any bridge built under this act and accord- To be a lawful ing to its limitations shall be a lawful structure, and shall. *** be recognized and known as a post-route. Approved, February 23, 1887. CHAP. 216.-An Act to authorize the construction of a bridge across Feb. 23, 1887. the Eastern Branch of the Potomac River at the foot of Pennsylvania Vol. 24, p. 412. aVenue ea.St. *-*-m-m-m-m-º: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and di-, Tºsº, rected to cause to be constructed across the Eastern Branchº; of the Potomac River, at the foot of Pennsylvania avenue, .º. in the District of Columbia, a substantial wooden, iron, or * -º-º: s v- a masonry bridge, with necessary approaches; and the sum of one hundred and ten thousand dollars be, and the same Appropriation. is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the construction of said bridge and approaches, the same to be maintained as a free bridge for travel: Provided, That the said Secretary of War Provisos. shall construct a bridge upon such plan as shall cost no more than the amount herein appropriated : Provided fur- ther, That no part of this appropriation shall be paid out of Limit. the Treasury until contracts shall have been entered into Contract. with responsible parties, with good and sufficient securities, to be approved by the Secretary of War, for the construc- tion and completion of said bridge, including the approaches, at a cost not to exceed one hundred and ten thousand dol- lars: And provided also, That the sum which may be ex- pended under this act shall be treated and regarded as part Included in Dis. of the general expenses of the District of Columbia, and **P* the United States shall be credited with the amount which it may pay under this act for the erection of said bridge upon its fifty per centum of the expenses of the District of Co- Vol. 20, p. 104. lumbia, as provided in the act of June eleventh, eighteen hundred and seventy-six, entitled “An act providing a per- manent form of government for the District of Columbia '': Provided further, That the Secretary of War shall, as soon as possible, cause a survey of the river to be made to de- survey. termine the length, width, and height of said bridge, and thereupon advertise for plans and prices for the construction of said bridge, such advertisements to be inserted in one or Advertisements. more daily newspapers published in Washington, District of Columbia; New York; Cleveland, Ohio; Detroit, Michi- gan; Philadelphia Pennsylvania; Chicago Illinois; and Richmond, Virginia, for the space of one week: And pro- 276 LAWS RELATING TO CONSTRUCTION OF BRIDGES 'wided further, That the sum of five thousand dollars shall sº." be available at once for such investigation and surveys and y such contingencies as the Secretary of War shall deem nec- essary. Approved, February 23, 1887. Feb. 28, 1887. CHAP. 283.−An Act to authorize the construction of a bridge across Vol. 24, p. 432. the Tennessee River at or near Chattanooga, Tennessee. Be it enacted by the Senate and House of Representatives of Memphis and the United States of America in Congress assembled, That the $.”; Memphis and Charleston Railroad Company, organized authorized to under the laws of the State of Tennessee, be, and is hereby, .*::::": authorized to construct and maintain a bridge, and ap: $ºtanooga, proaches thereto, over the Tennessee River at or near Chat: º tanooga, in the county of Hamilton, in said State. Said bridge shall be constructed to provide for the passage of Railway, wag. railway trains, and, at the option of the corporation by which #." “it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals and for foot- Tolls. passengers, for reasonable rates or tolls, to be fixed by said company; and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates or tolls. SEC. 2. 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, and it shall enjoy the rights and privileges of other post-roads in the United States. That the bridge authorized to be constructed under To be a lawful this act shall be a lawful structure and shall be recognized :::::::::” “and known 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 transmission over the same of the mails, troops, and munitions of war of the United States, or for through railway passengers or freight passing Over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and the United States shall have the right of way across said bridge and its approaches for Postal tele. postal-telegraph purposes. That the said bridge shall be graph. so constructed, either by draw, span, or otherwise, that a Free naviga-free and unobstructed passage may be secured to all water- º Vi craft navigating said river at the point aforesaid: Provided, POVISO. That if said bridge authorized to be constructed under this I)raw. act shall be constructed as a draw-bridge, the draw shall be opened promptly upon reasonable signals for the passage of boats or vessels; and said corporation shall maintain, at its Lights. own expense, from sunset to sunrise, such lights or other signals on said bridge as the Secretary of War shall pre- Scribe. Other compa- SEC. 3. 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 railway trains over the same, and over the approaches thereto, upon the payment Compensation. of a reasonable compensation for Such use; and in case the owner or owners of said bridge and the several railroad OVER NAVIGABLE WATERS OF THE UNITED STATES. 277 companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon 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 wººº...; and proofs of the parties. - terms. SEC. 4. That any bridge authorized to be constructed bº'; under this act shall be built and located under and subject gº; § 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 drawings of the bridge, and a map of the loca- tion, 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 di- rection and strength of the currents at all stages, and the Soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 Secre- tary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the prog- ress of construction, such change shall be subject to the ap- proval of the Secretary of War. - SEC. 5. That the right to alter, amend, or repeal this act, Righttoamend, so as to prevent or remove all material and substantial ob. ** struëtions to the navigation of said river by the construc- tion of the said bridge is hereby expressly reserved; and any alterations or changes that may be required by Con- gress in the bridge constructed under this act shall be made by the corporation owning or controlling the same, at its OWn expense. Furthermore, if the construction of said bridge shall not be commenced within two and completed Within four years after the passage of this act, all privileges Conferred hereby and this act shall become null and void. Approved, February 28, 1887. CHAP. 334.—An Act authorizing the construction of a bridge across Mar. 3, 1887. the East River between the city of New York and Long Island. Vol. 24, p. 468 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to the New York 1... Yº: and Long Island Bridge Company, a corporation created Éco. any by the laws of the State of New York, or its assigns or º: successors, to build a bridge as hereinafter described, and ë maintain the same, across the East Isiver between the city of New York and Long Island, at or near the middle of Blackwell's Island, in the State of New York. Said bridge shall be constructed to provide for the passage of railway trains, of wagons and vehicles, for the transit of animals, Railway, wag: and for foot-passengers. §a." fo ot 278 LAWS RELATING TO CONSTRUCTION OF BRIDGES To be a lawful structure a n post-route. Construction. Plans, etc., to be approved by S_e cre tary of W 8.T. TNotification of approval before beginning work. Railway com- panies to use. Compensation. SEC. 2. 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 also no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transporta- tion over the railroad 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. 3. That such bridge shall be constructed at right angles with the channels of said river, the piers or abut- ments to be constructed on the land side of the harbor or pier lines established by law. Such bridge shall be not less than one hundred and fifty feet elevation above mean high water at the middle of each channel of the river, and no part of the lower chord of the channel-span less than one hundred and forty-two feet above mean high water. SEC. 4. That in order to secure a compliance with these conditions, the company, its agents and assigns, previous to commencing the construction of the bridge, shall submit to the Secretary of War a plan of the bridge, with a de- tailed map of the river at the proposed site of the bridge and for the distance of a mile above and below the site, ex- hibiting the depths at low and high tide, and currents at all points of the same, together with all other information touching said bridge and river as may be deemed requisite by the Secretary of War to determine whether the said bridge when built will conform to the prescribed conditions of the act not to obstruct, impair, or injuriously modify the navigation of the river. SEC. 5. That the Secretary of War is hereby authorized and directed, upon receiving said plan and map and other information, and upon being satisfied that a bridge built on such plan and at said locality will conform to the pre- scribed conditions of this act not to obstruct, impair, or injuriously modify the navigation of said river, to notify the said company that he approves the same; and upon receiving such notification the said company, its agents and assigns, may proceed to the erection of the said bridge, conforming strictly to the approved plan and location ; but until the Secretary of War approve the plan and location of said bridge, and notify the said company of the same in writing, the bridge shall not be built or commenced; and should any change be made in the plan of the bridge dur- ing the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War. SEC. 6. 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 railway trains or cars over the same, and over the approaches thereto, upon pay- ment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in OVER NAVIGABLE WATERS OF THE UNITED STATES. 279 using said bridge, the Secretary of War shall fix the same, wº: upon a hearing of the allegations and proofs of the parties. disagreements. SEC. 7. Thai in case the construction of the bridge au-ºº." thorized in this act be not commenced within three years and completed within ten years from the date of its appro- val, then this act shall be null and void SEC. 8. That the right to alter, amend, or repeal this act Rightto amend is hereby expressly reserved, and the right to require any ” changes in said structure or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. Approved, March 3, 1887. CHAP. 335.—An Act authorizing the construction of a bridge across Mar. 3, 1887. the Red River of the North. Vol. 24, p.470. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress is hereby given to the Duluth and Mani-Mºś toba Railroad Company, a corporation existing under the road Company laws of the State of Minnesota, and to its successors and º..."; }; assigns, to construct and maintain a bridge, and approaches N.‘....". thereto, across the Red River of the North, between the jaiº. State of Minnesota and the Territory of Dakota, at such point on said river, on the boundary-line between Polk or Marshall County, in the State of Minnesota, and Grand Forks County, in the Territory of Dakota, as may accom- modate the lines of railroad which said corporation may build to said point. Said bridge shall be constructed to • * * provide for the passage of railway trains, and, at the option wai.º.º. of the said corporation, may be used for the passage of bridge. Wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, for reasonable rates or tolls to be fixed by said Company; and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates or tolls. SEC. 2. That any bridge built under this act shall be con- structed as a pivot draw.bridge, with a draw over the main Draw. channel at an accessible and the best navigable point, and With spans giving a clear water-way, measured at the low- est stage of water known at the locality, of not less than eighty feet in the clear on each side of the central or pivot pier of the draw ; and provision shall be made in the height of the bridge, and in the location and construction of abut- ments and approaches, to allow the free passage of flood- water; and the piers of said bridge shall be parallel to and the bridge itself at right angles to the current of said river: Provided, That said draw shall be opened promptly upon Proviso. reasonable signal for the passage of boats and other water. ** Craft, except when trains are passing over said draw ; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains; and said cor- poration shall maintain, at its own expense, from sunset to Sunrise, such lights or other signals on said bridge as the Lights, etc. 280 LAWS RELATING TO CONSTRUCTION OF BRIDGES Light-House Board shall prescribe; and said corporation Aids to navi. Shall provide, at its own expense, such sheer-booms, guide- gation. piers, or other device as may be necessary to facilitate the safe passage of boats or other water-craft through the spans of said bridge. The said bridge shall be located and built under and subject to such regulations for the security of the secretary of navigation of said river as the Secretary of War shall pre- .*.*scribe; and to secure that object the said company shall ; vºw ve submit to the Secretary of War, for his examination and approval, a design and drawings of said bridge, and a map of the location, giving, for the space of one mile below and one mile above 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 at all stages, and the soundings, accurately showing the bed and channel of the stream, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said location and plan of the bridge hereby authorized to be constructed are approved by the Secretary of War the said bridge shall not be built; and should any change be made in the plan of such bridge dur- ing the progress of construction thereof, such change shall be subject to the approval of the Secretary of War; and in Litigation. Case of any litigation arising from the obstruction or alleged obstruction caused by said bridge to the free navigation of said river, the cause may be tried before the circuit court of the United States in whose jurisdiction' any portion of said bridge is located. other compa: , SEC. 3. That all railroad companies desiring the use of *** **, the bridge constructed under this act shall have and be en- titled to equal rights and privileges relative to the passage of railway trains, cars, and locomotives over the same, and over the approaches thereto, upon the payment of a reason- Compensation. able compensation for such use ; and in case the owner or Owners of the said bridge and the several railroad compa- nies, or any of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and con- ditions to which each shall conform in using said bridge, all such matters of difference between them shall be decided Secretary of by the Secretary of War, upon a hearing of the allegations Hºnº" and proofs of the parties. Tjal SEC. 4. That the bridge authorized to be constructed structure and under this act shall be a lawful structure and shall be rec- post-route. ognized and known 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 transmission over the same of the mails, troops, and munitions of war of the United States, or for through railway passengers or freight passing Over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and the United States shall have the right of way across said bridge and Postal tele- its approaches for postal-telegraph purposes. ‘. SEC. 5. That the right to alter, amend, or repeal this act ght to amend, y tº * 2 etc., reserved. " so as to prevent or remove all material and substantial ob- structions to the navigation of said river by the construction of the said bridge is hereby expressly reserved; and any over NAVIGABLE WATERS OF THE UNITED STATES. 281 alterations or changes that may be required by Congress in the bridge constructed under this act shall be made by the corporation owning or controlling the same, at its own expense; and if said bridge shall not be finished within two years from the passage of this act, the rights and privileges hereby granted shall be null and void. Approved, March 3, 1887. assº-º-º-º-º-ºsmº CHAP. 336.—An Act to give the assent of Congress to the construction Mar. 3, 1887. of a free bridge by the county of Davidson, Tennessee, over the Cum- Vol. 24, p. 471. ... berland River. & *sºn mº Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the county of Davidson, in the State of Tennessee, be, and tºº. is hereby, authorized to construct and maintain a bridge, Hºjº. and approaches thereto, over the Cumberland River near ºn." * the city of Nashville and between the Hydes Ferry and Buena Vista Ferry Turnpikes, in the county of Davidson, * Tennessee. Said bridge shall be constructed to provide for the free passage of wagons and vehicles of all kinds, for tºº. and the transit of animals, and for foot-passengers. SEC. 2. That any bridge built under this act and subject ...; º to its limitations shall be a lawful structure, and shalf beiº recognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States: Provided, That the United States may construct a Proviso. postal-telegraph over said bridge without charge therefor. Postal tele- SEC. 3. That if said bridge shall be made with unbroken ºunction. and continuous spans, the spans thereof shall not be less than one hundred and sixty-four feet in length in the clear, and the main span shall be over the main channel of the Spans. river. The lowest part of the superstructure of said bridge shall be at least thirty-four feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the & current of the river: Provided, That if the same shall be Proviso. constructed as a draw-bridge, the draw or pivot shall be Draw. Over the main channel at an accessible point, and the Spans shall not be less than one hundred and sixty feet in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of lo- cation, to the lowest part of the superstructure of said bridge: Provided also, That the said draw shall be opened Opening draw. promptly by said county upon reasonable signal for the passage of boats; and said county shall maintain, at its own expense, from sunset till sunrise, such lights or other Lights, etc. . . Signals on said bridge as the Light-House Board shall pre- scribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substan- tially or materially obstruct the free navigation of said ...; river, and if any bridge erected under such authority shall.” in the opinion of the Secretary of War obstruct such navi- \ 282 LAWS RELATING TO CONSTRUCTION OF BRIDGES gation, he is hereby authorized to cause such change or al- teration of said bridge to be made, as will effectually obviate Such obstruction, and all such alterations shall be made and all such obstructions be removed at the expense of said Litigation. County of Davidson; and in case of any litigation arising from any obstruction or alleged obstruction to the free navi. gation of said river caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States of the middle district of Tennessee: Provided Existing, laws further, That nothing in this act shall be so construed as ** to repeal or modify any of the provisions of law now exist. ing in reference to the protection of the navigation of rivers Or to exempt this bridge from the operations of the same. wºr: SEC. 4. That any bridge authorized to be constructed, isºtº" under this act 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 county shall submit to the Secretary of War, for his examination and approval, a design and draw- ings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the pro- posed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 off War the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of con- Struction, such change shall be subject to the approval of Proviso. the Secretary of War: And provided further, That unless m.a", “... the construction of said bridge shall be commenced within years. one year from the date of the passage of this act and com- pleted within three years from the same date, all rights and privileges granted by this act shall be forfeited and Céa,S62. ' e.g.:*, SEC. 5. That the right to alter, amend, or repeal this act • ? is hereby expressly reserved, and the right to require any changes in said structure or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interest requires it, is also expressly reserved. Approved, March 3, 1887. ass=s*===s Mar. 3, 1887. CHAP. 337.-An Act to authorize the construction of bridges across Vol. 24, p. 472, the Great Kanawha River below the Falls, and to prescribe the di- mensions of the same. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any Bridges across persons or Corporations having lawful authority to erect a grºwhº bridge or bridges across the Great Kanawha River, in West iver, W. Wa. tº º º * {e * Virginia, may hereafter erect bridges across said river, for ovKR NAVIGABLE waters of THE UNITED STATES. 283 railroad or other uses, upon compliance with the provisions and requirements of this act. © SEC. 2. That every bridge erected across the Great Ka- Construction. nawha River, in West Virginia, shall have its axis at right - angles to the current at high towing stages, with its piers parallel to this current, and all of its spans shall be through spans. No riprap or other outside protection for insufficient foundations will be permitted around the channel-piers, and all coffer-dams or other temporary works must be removed by the owners of the bridge before it is opened to traffic. Every such bridge shall have at least one channel-span, the Channel-span. center of which shall be in the middle of the channel us- ually run by descending coal-fleets in high towing stages, said channel-span to have a clear opening of four hundred feet at low-water line. Said channel-span shall be at least twenty-nine feet, measured to the lowest part of the Span, above local highest water thus far known, as determined by the United States engineers, and shall be at least ninety feet above low water in bridges built at or near the mouth of the river, and seventy-five feet above low water in bridges built at or near Charlston, West Virginia. SEC. 3. That any persons or corporations authorized to Con- struct a bridge across the Great Kanawha River shall give notice by publication for two weeks in newspapers having Notice, to be a wide circulation, in not less than two newspapers in each * : of the cities of Louisville, Kentucky; Cincinnati, Ohio; Gal- lipolis, Ohio, and Charleston, West Virginia, and shall sub- mit to the Secretary of War, for his examination, a design ºgº and drawings of the bridge and piers, and a map of the loca-º. tion, giving, for the space of at least one mile above and one mile below the proposed location, the topography of the banks of the river and the shore-lines at high and low wa- ter. This map shall be accompanied by others, drawn to a scale of one inch to two hundred feet, giving, for a space of one half a mile above the line of the proposed bridge and a quarter of a mile below, an accurate representation of the bottom of the river by contour-lines two feet apart, deter- mined by accurate soundings, and also showing over the whole width of this part of the river the force and direction of the currents at low-water and at high towing stages, by triangulated observations on suitable floats. The maps shall also show the locations of other bridges, locks, and dams, coal-tipples, cribs, and all public and private structures in the vicinity inside of high-water lines, and shall give such other information as the Secretary of War may require for a full and satisfactory understanding of the subject. Said maps and drawings shall be referred to a board of engineer Board of engin: officers for examination and report, which board shall per-hºr;” sonally examine the site of the proposed bridge, and shall hold a public session at some convenient point to hear all objections thereto, of which public session due notice and invitation to be present shall be given to all interested par- ties; and if said board of engineer officers report that the site is unfavorable, the Secretary of War shall be authorized, on the recommendation of said board, to order such changes in the bridge or its piers, or such guiding-dikes or other 284 LAWS RELATING TO CONSTRUCTION OF BRIDGES auxiliary works, as may be necessary for the security of nav- igation; and such changes or additions shall be made at the expense of the owners of said bridge; and the proposed Approval ºf Seo-bridge shall only be a legal structure when built as ap- retary of War. Lights, etc. Vessels not to interfere with Construction. To be lawful structures and post-routes. Litigation. Right to amend, eto, reserved. proved by the Secretary of War. SEC. 4. That all parties owning, occupying, or Operating bridges over the Great Kanawha River shall maintain, for the security of navigation, at their own expense, from sun- set to sunrise, throughout the year, such lights on their bridges as may be required by the Light-House Board or the United States engineer officer in charge of said river; and during the construction of any bridge under this act, such lights and buoys shall be kept on coffer-dams, cribs, piles of stone, floating crafts, rafts, and so forth, used in the construction of the bridge, as may be necessary for the Security of navigation. SEC. 5. That the officers and crews of all vessels, boats, or rafts navigating the Great Kanawha River are required to regulate the use of the said vessels, and of any pipes or chimneys belonging thereto, so as not to interfere with the construction of any of the bridges authorized by the pro- Visions of this act. SEC. 6. That any bridge constructed under this act and according to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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 railroads or public highways leading to the said bridge; and the United States shall have the right of way for telegraph or telephone purposes across any such bridge; and in case of any litigation aris- ing from any alleged obstruction to the navigation of said Great Kanawha River created by the construction of any bridge under this act, the cause or question arising may be tried before the circuit or district court of the United States for the district of West Virginia. SEC. 7. That the right to alter, amend, or repeal this act SO as to prevent or remove all material obstructions to the navigation of said river' by the future construction of bridges is hereby expressly reserved, without any liability of the Government for damages on account of the altera- tion or amendment of this act, or on account of the preven- tion or requiring the removal of any such obstructions; and any change in the construction or any alteration of any Such bridge that may be directed at any time by Congress shall be made at the cost and expense of the owners thereof. Approved, March 3, 1887. Mar. 3, 1887. CHAP. 338.—An Act authorizing the construction of a bridge across Vol. 24, p. 47 C roo k s to n southwestern R. R. Co. m. a y 4. the Red River of the North. * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress is hereby given to the Crookston South- over NAVIGABLE WATERS OF THE UNITED STATES. 285 western Railroad Company, a corporation existing under the º: laws of the State of Minnesota, and to its successors and as-tween Minnesota signs, to construct and maintain a pivot draw-bridge, and ** approaches thereto, across the Red River of the North, be-, tween the State of Minnesota and the Territory of Dakota, at such point on said river, on the boundary-line between Polk County, in the State of Minnesota, and the Territory of Dakota, as may accommodate the lines of railroad which said corporation may build to said point. Said bridge shall ..., be constructed to provide for the passage of railway trains, oº, and, at the option of the said corporation, may be used for bridge. the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for reasonable rates or tolls to be fixed by the Secretary of War; and the Tolls. Secretary of War shall have the right, from time to time, to revise such rates or tolls. g SEC. 2. That any bridge built under this act shall be con- gºruction. structed as a pivot draw-bridge, with a draw oyer the main channel at an accessible and the best navigable point, and with spans giving a clear water-way, measured at the lowest stage of water known at the locality, of not less than eighty feet in the clear on each side of the central or pivot pier of the draw; and provision shall be made in the height of the bridge, and in the location and construction of abutments and approaches, to allow the free passage of flood-water; and the piers of said bridge shall be parallel to and the bridge itself at right angles to the current of said river: Provided, That said draw shall be opened promptly upon Proviso. reasonable signal for the passage of boats and other water. * * craft, except when trains are passing over said draw ; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains; and said corpo- ration shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Lights, etc. Light-House Board shall prescribe. The said bridge shall be located and built under and subject to such regulations for the security of the navigation of said river as the Secre- tary of War shall prescribe; and said corporation shall pro-, Aids to naviga. vide, at its own expense, such sheer-booms, guide-piers, or * other device as may be necessary to facilitate the safe pas- Sage of boats or other water-craft through the spans of said bridge; and to secure that object the said company shall submit to the Secretary of War, for his examination and ap- proval, a design and drawings of said bridge, and a map of the location, giving, for the space of one mile below and one mile above 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 at all stages, and the soundings, accurately showing the bed and channel of the stream, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said location and plan of the bridge, Plans, etc., to hereby authorized to be constructed are approved by the ºw: Secretary of War the said bridge shall not be built; and should any change be made in the plan of such bridge dur- ing the progress of construction thereof, such change shall 286 LAWS RELATING TO CONSTRUCTION OF BRIDGES be subject to the approval of the Secretary of War; and in Litigation. Case of any litigation arising from the obstruction or alleged obstruction caused by said bridge to the free navigation of said river, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of said bridge is located other compa. SEC. 3. That all railroad companies desiring the use of **Y* the bridge constructed under this act shall have and be en- titled to equal rights and privileges relative to the passage of railway trains, cars, and locomotives over the same, and Over the approaches thereto, upon the payment of a reason- compensation able compensation for such use, to be fixed by the Secre- tary of War, in case the owner or owners of the said bridge and the several railroad companies, or any of them desiring such use, shall fail to agree upon the sum or sums to be paid; and the Secretary of War shall prescribe the rules and conditions to which each shall conform in using said wºº bridge, and all matters of difference between them shall be di.e...tº decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties .# º SEC. 4. That the bridge authorized to be constructed post-route. under this act shall be a lawful structure, and shall be rec- ognized and known 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 transmission over the same of the mails, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and the United postal tele. States shall have the right of way across said bridge and graph. its approaches for postal-telegraph purposes. Righttoamend, SEC. 5. That the right to alter, amend, or repeal this act, *** so as to prevent or remove all material and substantial ob. structions to the navigation of said river by the construc- tion of the said bridge, is hereby expressly reserved; and any alterations or changes that may be required by Con- gress in the bridge constructed under this act shall be made by the corporation owning or controlling the same, at its own expense; and if said bridge shall not be finished within two years from the passage of this act, the rights and privi- leges hereby granted shall be null and void. Approved, March 3, 1887. Mar. 3, 1887, CHAP. 349.--An Act to authorize the construction of a bridge across Vol. *, P: * the Missouri River at the most accessible point between the City of Kansas and the town of Sibley, in the county of Jackson and State of Missouri. Be it enacted by the Senate and House of Representatives of Chicago, Kan; the United States of America in Congress assembled, That the *. * Chicago, Ransas City and Texas Railway Company, a cor- º poration duly created and existing under the laws of the Missouri Riº State of Missouri, its successors and assigns, be, and they jºº are hereby, authorized to construct and maintain a bridge, City and Sibley, g tº gº Mo. and approaches thereto, over the Missouri River at the over NAVIGABLE waters of THE UNITED STATES. 287 most accessible point, to be selected by it or them, be- tween the City of Kansas and the town of Sibley, in. the county of Jackson and State of Missouri. Said bridge shall be constructed to provide for the passage of railway trains, and free passage shall be accorded to wagons and vehicles of all kinds, and for the transit of animals and for foot-passengers, under such reasonable rules and regula- tions as may be prescribed by said corporations, its succes- sors or assigns, and be approved from time to time by the Secretary of War. SEC. 2. 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 also 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, or for passengers and freight passing over said bridge, than the rate per mile paid for the trans- portation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privi. leges of other post-roads in the United States. SEC. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river; the lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: Pro- vided, That if the same shall be constructed as a draw- bridge, the draw or pivot shall be over the main channel of the river at an accessible and navigable point, and the spans shall not be less than three hundred feet in length in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Pro- wided also, That said draw shall be opened promptly by said company upon reasonable signal for the passage of boats; and Said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other sig- nals on said bridge as the Light-House Board shall pre- scribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially Railway, wagon and foot bridge. To be a lawful Structure a n d post route. Spans. Provisos. Draw. Opening draw. Lights. or materially obstruct the free navigation of said river; and . Free naviga. if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all Such obstructions be removed at the expense of the owner or owners of said bridge; and in any case of litigation aris- ing 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 Missouri in which any por- tion not to be ob. structed, Litigation. 288 LAWS RELATING TO CONSTRUCTION OF BRIDGES tion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now exist- ing in reference to the protection of the navigation of rivers, tº Orto exempt this bridge from the operation of the same. wº: º#: Sec. 4. That any bridge authorized to be constructed under plans, etc. this act 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 persons or corporation shall submit to the Secretary of War, for his examination and approval, a de- sign and drawings 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, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. Qther roads SEC. 5 That all railroad companies desiring the use of may use. 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, upon pay- Compensation. ment of a reasonable compensation for such use; and in case the Owner or Owners of said bridge and the several rail- road companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using wº". of said, bridge, the Secretary of War shall fix the same upon §ºre...” a hearing of the allegations and proofs of the parties. Right to amend SEC. 6. That the right to alter, amend, or repeal this act *** is hereby expressly reserved, and the right to require any changes in said structure or its entire removal at the ex- pense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly re- Served. Approved, March 3, 1887. M.; ºi. CHAP.356. HAn Act authorizing the construction of a bridge across **** the Missouri River between the cities of Omaha, Nebraska, and Coun- cil Bluffs, Iowa, and for other purposes. Be it enacted by the Senate and House of Representatives of Omaha and the United States of America in Congress assembled, That the º: Omaha and Council Bluffs Railway and Bridge Company, º.º. an incorporation organized under the laws of the States of j." Mij Nebraska and Iowa, its successors or assigns, is hereby au- River. thorized to construct and maintain a bridge across the Mis- souri River at that point between the cities of Omaha, Ne- OVER NAVIGABLE WATERS OF THE UNITED STATES. 289 braska, and Council Bluffs, Iowa, and at least one-third of a mile from any other bridge, as shall best promote the pub- lic convenience and welfale and the hecessities of business and commerce, and also to construct and maintain the ac- cessory works necessary to secure the best practicable chan- nel-way for navigation and to confine the flow of water to a permanent channel at such point. That said bridge, and all property belonging thereto or connected therewith, may be constructed, maintained, and used as a combined railway º, and wagon bridge, for the safe and convenient passage of and 10ot bridge. wagons, carriages, stock, steam, cable, and street cars, foot- passengers, and all road travel. That said bridge shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure; and the piers of said bridge shall be parallel with the current of said river, and the bridge itself at right angles thereto, and the main span shall be over the main channel of said river and not less than three hundred feet in length in the clear, and no span over the water-way of said river shall be less than three hundred feet in the clear; and the said company or corpora- tion shall maintain, at its own expense, from Sunset to Sun- rise, such lights or other signals on said bridge as the Light- House Board shall prescribe. SEC. 2. That said bridge shall be constructed and built without material interference with the security and con- venience of navigation of said river beyond what is neces- sary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said com- pany or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings 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, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream and the location of any other bridge or bridges. SEC. 3. That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon being satisfied that a bridge built Elevation. Lights. Secretary of War to approve plans, etc. upon subh a plan and at such locality will couform to the Qn approval prescribed conditions of this act, to notify the company that he approves the same ; and upon receiving such noti- fication the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and in case of any litigation arising from any obstruc- tion 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 circuit court of the United States for the State of Iowa or the State of Nebraska in which any portion of said obstruction or bridge may be located. 1574 BR--19 Changes. Litigation. bridge may be commenced. 290 LAWS RELATING TO CONSTRUCTION OF BRIDGES SEC. 4. That the said bridge and accessory works, when built and constructed under this act and according to the To be a lawful terms and limitations thereof, shall be lawful structures; and i.” "said bridge shall be recognized and known as a post-route, upon which also no higher charge shall be made for the trans- mission over the same of the mails, the troops, and the mu- Initions of war of the United States than the rate per mile paid for the transportation over the railroads or public high- ways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes of the United States; and Congress reserves the right, at any time, to - regulate, by appropriate legislation, the charges for freight 9ther compa and passengers over said bridge; all railroad companies de- *** ** siring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of rail- way trains or cars...over the same, and over the approaches Compensation, thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad Companies, or any one of them desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them, including the fixing of compensation for the use of said secretary of bridge, shall be decided by the Secretary of War, upon a ...* hearing of the allegations and proofs of the parties. 8.5 SEC. 5. That the United States shall have the right of Postal tele way for such postal-telegraph lines across said bridge as the graph. Government of the United States may construct and control. Right to amend, SEC. 6. That Congress shall have power, at any time, to *** alter, amend, or repeal this act; and to remove all material and substantial obstructions to the navigation of said river by the construction of said bridge and its accessory works; and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of or per- sons controlling such bridge; and if said bridge shall not be finished within two years from the passage of this act, the rights and privileges hereby granted shall be null and Void. Approved, March 3, 1887. Mar, 3, 1887. CHAP. 357.--An act to authorize the East and West Railroad Com- Vol. 24, p. 502. pany of Alabama to maintain a bridge across the Coosa River. Be it enacted by the Senate and House of Representatives of rº. the United States of America in Congress assembled, That the ... .º.º. East and West Railroad Company of Alabama, a corporation iº, Cºosa created and existing under and by virtue of the laws of the '* State of Alabama, be and is hereby, authorized to maintain Location. a bridge across the Coosa River, in the Coosa Land-district, at the point in or near township fourteen, range Six East, which has been selected by the said railroad company for crossing said river with their railroad line, and where a bridge is now constructed, the said bridge to be of such height as not to interfere with the navigation of Said river, and to Proviso. be provided with a suitable draw: Provided, That any over NAVIGABLE WATERS OF THE UNITED STATES. 291 bridge constructed under this act and according to its lim- itations shall be a lawful structure, and shall be known and º recognized as a post-route, and the same is hereby declaredº."" to be a post-route, upon which also 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, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads leading to the said bridge; and the United States shall have the right of way for postal telegraph and tele- ***graph. phone lines across said bridge; and in case of any litigation * concerning any alleged obstruction to the free navigation of said river on account of said bridge, the cause may be tried before the circuit court of the United States of either of said States in which any portion of said obstruction or bridge touches; and that all railway companies desiring to other compa- use the said bridge shall have and be entitled to equal” ” rights and privileges in the passage over the same, and in the use of the machinery and fixtures thereof and of all the approaches thereto, for a reasonable compensation to be paid Compensation. to the owners of said bridge, under and upon such terms and conditions as shall be prescribed by the Secretary of wº # War upon hearing the allegations and proofs of the parties diºm.” in case they shall not agree. SEC. 2. That said bridge shall be constructed as a pivot P*Y. draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than seventy-five feet in length in the clear on each side of the central or pivot pier of the draw ; and said spans shall not be less than ten feet above high-Water mark, measuring to the lowest member of the bridge superstruct- ure: And provided also, That said draw shall be opened Proviso. promptly, upon reasonable signal, except when trains are Opening draw. passing over the said bridge, for the passage of the boats whose construction shall not be such as to admit of their passage under the draw of said bridge when closed ; but in no case shall unnecessary delay occur in Opening the said draw after the passage of trains; and the said company or Corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Lights. Light-House Board shall prescribe. SEC. 3. That the plan and location of said bridge, with a detailed map of the sound at the proposed site of the bridge and near thereto, exhibiting the depths and cur- rents, shall be submitted to the Secretary of War for his wº; ...; approval, and until he approve the plan and location of ºt."” said bridge it shall not be built; but upon the approval of said by the Secretary of War the said company or corpora- tion may proceed to the erection of said bridge in conform- ity with said approved plan ; and should any change be Changes. made in the plan of said bridge during the progress of the Work thereon, such change shall be subject likewise to the approval of the Secretary of War. tº SEC. 4. That Congress reserves the right to alter, amend Right to amºnd, or repeal this act at any time; and that if at any time * * navigation of the said river shall in any manner be ob- 292 LAWS RELATING TO CONSTRUCTION OF BRIDGES structed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to re- Quire the said railroad company to alter and change the said bridge at its own expense, in such manner as may be Not to obstruct proper to secure free and complete navigation without im- navigation. tº in º * º * pediment; and if upon reasonable notice to said railroad company to make such change or improvements the Said company fails to do so, the Secretary of War shall have authority to make the same at the expense of Said com- pany, and all the rights conferred by this act shall be for- feited ; and Congress shall have power to do any and all things necessary to secure the free navigation of the river; and if said bridge shall not be finished within two years from the passage of this act, the rights and privileges hereby granted shall be null and void. Approved, March 3, 1887. §.2% 1887. CHAP. 358.—An Act to authorize the Talladega and Coosa Valley Rail : ** P. * road Company of Alabama to erect a bridge across the Coosa River. Be it enacted by the Senate and House of Representatives of c. *, *. the United States of America in Congress assembled, That the ...adº º Talladega and Coosa Valley Railroad Company of Alabama, rºa corporation created and existing under and by virtue of ičiver, Kia. the laws of the State of Alabama, be, and is hereby, author- ized to erect and maintain a bridge across the Coosa River in township seventeen, range four east, in the Coosa land- district, or at such point near said township as has been selected by said railroad company for crossing said river Location. with their railroad line, the said bridge to be of such height Froviso. as not to interfere with the navigation of said river: Pro- * vided, That any bridge constructed under this act and ac- To be a lawful cording to its limitations shall be a lawful structure, and ... *shall be known and recognized as apost-route, and the sameis & hereby declared to be a post-route, upon which also 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, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transpor- tation over the railroads leading to the said bridge; and the Postal tele. United States shall have the right of way for a postal tele- graph. graph and telephone lines across said bridge; and in case Litigation. of any litigation concerning any alleged obstruction to the free navigation of said river on account of said bridge, the cause may be tried before the circuit court of the United States of either of said States in which any portion of said ob- other com: struction or bridge touches; and thaf all railway Companies panies may use. desiring to use the said bridge shall have and be entitled to equal rights and privileges in the passage Over the same, and in the use of the machinery and fixtures thereof and of compensation, all the approaches thereto, for a reasonable compensation to be paid to the owners of said bridge, under and upon secretary of such terms and conditions as shall be prescribed by the Sec- War to decide retary of War upon hearing the allegations and proofs of disagreements. & & the parties in case they shall not agree. over NAVIGABLE WATERs. OF THE UNITED STATES. 293 SEC. 2. That said bridge shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than seventy-five feet in length in the clear on each side of the central or pivot pier of the draw ; and said spans shall not be less than ten feet above high-water mark, measur- ing to the lowest, member of the bridge superstructure: And provided also, That said draw shall be opened promptly, upon reasonable signal except when trains are passing Over the said bridge, for the passage of the boats whose con- struction shall not be such as to admit of their passage under the draw of said bridge when closed ; but in no case shall unnecessary delay occur in opening the said draw af. ter the passage of trains; and the said company or Corpo- ration 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. SEC. 3. That the plan and location of said bridge, with a detailed map of the river at the proposed site of the bridge and near thereto, exhibiting the depths and currents, shall be submitted to the Secretary of War for his approval, and until he approve the plan and location of said bridge it shall not be built; but upon the approval of said plan by the Sec- retary of War the said company or corporation may proceed to the erection of said bridge in conformity with said ap- proved plan; and should any change be made in the plan of said bridge during the progress of the work thereon, Draw. Proviso. Opening draw. Lights. Secretary of W ar to approve plans, etc. such change shall be subject likewise to the approval of the Changes. Secretary of War. SEC. 4. That Congress reserves the right to alfer, amend, isiºnd, etc., reserved. or repeal this act at any time; and that If at any time navi- gation of the said river shall in any manner be obstructed or in paired by the said bridge, the Secretary of War slall have authority, and it shall be his duty, to require the said railroad company to alter and change the said bridge, at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if upon reasonable notice to said railroad company to make such changes or improvements the said company fails to do So, the Secretary of War shall have authority to make the same at the expense of said company, and all the rights conferred by this act shall be forfeited ; and Congress shall have power to do any and all things necessary to secure the free navigation of the said river; and if said bridge shall not be finished within two years from the passage of this act, the rights and privileges hereby granted shall be null and void. Approved, March 3, 1887. CHAP. 361.-An Act to authorize the Louisiana, North and South Railroad Company to construct and maintain a bridge across the Red River in Louisiana. Be it enacted by the Senate and House of Representatives of Not to obstruct navigation. Mar. 3, 1887. Vol. 24, p. 508. the United States of America in Congress assembled, That the Louisiana North all d South Rail- Louisiana North and South Railroad Company, a corpora- "...i"...m. 294 LAWS RELATING TO CONSTRUCTION OF BRIDGEs #ºtion created and existing under and by virtue of the laws River." at Alex of the State of Louisiana, be, and is hereby, authorized to * La. construct and maintain a railway and wagon bridge across on ºf the Red River at or near the town of Alexandria, Louisiana, bridge. at such point as may be selected by the said railroad com- pany for crossing said river with their railroad line, the Said bridge to be so constructed as not to interfere with the navigation of said river, and to be provided with a suitable #ºn draw: Provided, That any bridge constructed under this structure and act and according to its limitations shall be a lawful struct- post-route. ure, 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 trans- mission over the same of the mails, the troops, and the munitions of war of the United States, or for through pas- Sengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads leading to the said bridge; and the United States shall gº." tele have the right of way for a postal telegraph across said ſº bridge. bº.º. º SEC. 2. That the bridge authorized to be constructed §ºetary of under this act shall be located and built under and subject T. to such regulations for the security of the 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 drawings of the proposed bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topog- raphy of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents, and the soundings, accurately showing the bed of the stream, 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 no work upon the bridge shall be commenced; and should any change be made in the plan of said bridge during the progress of con- struction, such change shall be subject to the approval of the Secretary of War. ...gººd, SEC. 3. That Congress reserves the right to alter, amend, • ? or repeal this act at any time ; and that if at any time nº"navigation of the said river shall in any manner be ob- structed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to re- quire the said railroad coin pany to alter and change the said bridge at its own expense, in such manner as may be proper to secure free and complete navigation without im- pediment; and if upon reasonable notice to said railroad company to make such change or improvements the said company fails to do so, the Secretary of War shall have authority to make the same at the expense of Said company, and all the rights conferred by this act shall be forfeited ; and Congress shall have power to do any and all things necessary to secure the free navigation of the river. over NAVIGABLE waters of THE UNITED STATES. 295 SEC. 4. That said company shall be permitted to charge Tolls. and take such rates of toll for crossing said bridge as may be reasonable, subject to the approval of the Secretary of War. * SEC. 5. That the draw provided for the bridge herein opening draw. authorized to be constructed shall be opened promptly upon reasonable signal for the passing of boats; and said com- pany or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on Said Lights. bridge as the Light-House Board shall prescribe. SEC. 6. That all railroad companies desiring the use of . Other road s said bridge shall have and be entitled to equal rights and "*** privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the Compensation. owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon 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 secretary of and proofs of the parties; and if said bridge is not com-º...” menced within two years and completed within four years from the passage of this act, the rights and privileges hereby granted shall be null and void. Approved, March 3, 1887. CHAP. 362.—An Act making appropriations for sundry civil expenses Mar. 3, 1887. of the Government for the fiscal year ending June thirtieth, eighteen 79**P* hundred and eighty-eight, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Sundry.giyil following sums be, and the same are hereby, appropriated” for the objects hereinafter expressed for the fiscal year end- ing June thirtieth, eighteen hundred and eighty-eight, namely: :}; :. : ; $ # W ID t- TJNDER THE WAR, DEPARTMENT. ºr vepar #: 35 35 35 :*: For replacing wooden beams on Rock Island Wagon- ...Rock , Island bridge (between the island and the city of Rock Island) by "**** iron ones, reflooring wagon-road and sidewalks, and paint- ing, nine thousand dollars. For replacing flooring and sidewalks and for painting Moline Bridge, one thousand five hundred dollars. Moline Bridge $ $ $ $ $ For the Rock Island Bridge as follows: For care and ex- Bridge exp pense of maintaining and operating the draw, nine thou-ºº. Sand dollars. For protecting the Rock Island Bridge by means of sheer- booms, two hundred and fifty dollars. # $ $ :* # Approved, March 3, 1887. 296 LAWS RELATING To construction of BRIDGEs & Mºjº 3, 1887. CHAP. 367.-An Act to authorize the construction of a railroad ol. 24, p. 546. bridge over the Mississippi River at Grand Tower, Illinois. Be it enacted by the Senate and House of Representatives of cºś the United States of America in Congress assembled, That it Mississippi Riv. shall be lawful for S. W. Fordyce, James H. Benedict, R. :*Gºo. Kerens, William M. Senter, and Stephen A. Bemis, their ized. associates, successors, or assigns, or any corporation which they may form for that purpose, under the laws of any State of the United States, or their or its successors or as- signs, to construct and unaintain a bridge and approaches thereto over the Mississippi River at such point on said liver at or near Grand Tower, in the State of Illinois, and to lay on and over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or shall hereafter be constructed to the said river on either or both sides thereof, at or opposite said point, under the limitations and conditions hereinafter provided; said bridge may also, at the option of the owners thereof, Railway, wag be so constructed as to be used for the passage of wagons, §:" "" and vehicles of all kinds, for the transit of animals of all kinds, and for foot-passengers, for such reasonable rates of toll as may be approved by the Secretary of War. To be a lawful SEC. 2. That any bridge built under this act is subject to º: "its limitations, shall be a lawful structure, and shall be rec- ognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, troops, and the munitions of war or other property of the United States than the rate per mile paid for the transportation of the Saule over the lailroads or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. Spans. SEC. 3. That the bridge herein authorized shall be con- structed as a high bridge with unbroken and continuous spans, the main span to be over the main channel of the river, with a clear width of not less than six hundred and fifty feet channel-way, to be measured at right angles to the current, at any and all stages of water. The other spans of said bridge shall have a clear width of channel- way as aforesaid of not less than five hundred feet, meas- Light. ured at right angles to the current. The main or channel span shall be at least eighty-five feet in height measuring from high water mark, as understood at the point of loca- tion, to the bottom chords of the bridge, and the other spans shall not be less than fifty feet in height measured in the same way. That the piers shall be built parallel with the current of the river at that stage of water which is most important for navigation ; and riprapping or other protection for imperfect foundations which will imaterially lessen the water way shall not be employed in the channel- ways of the high spans and piers which will produce cross- currents or bars dangerous to navigation, and if, after con- struction, any piers or protection-walls are found to produce the above-mentioned effects, the nuisance shall be abated or corrected by or at the expense of the persons owning said bridge. That the persons owning, controlling, or oper- over NAVIGABLE WATERS OF THE UNITED STATES. 297 ating the bridge authorized by this act shall maintain, at their own expense, from sunset to sunrise, throughout the year, and during heavy fogs, such lights or other signals as Lights. the Light-House Board shall prescribe, and shall, during the season of navigation, have posted in a conspicuous place on or near the bridge the clear head room under the channel-span on that day, the figures expressing this height to be not less than two feet high, and to be readily visible from any point in the channel of the river for a stretch of three thousand feet above and one thousand feet below the bridge. No bridge shall be erected or maintained under the authority of this act which shall at any time substan- tially or materially obstruct the free navigation of said river, and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, Notto obstruct he is hereby authorized to cause such change or alteration ** of said bridge to be made as will effectually obviate such obstruction, and all such alterations shall be made and such obstructions removed at the expense of the owner or owners --~~~~~~~~~~~ * of said bridge; and in case of any litigation arising from Litigation. such obstruction or alleged obstruction to the free passage & or 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 any State in which any por- tion of said obstruction or bridge may be located. SEG.4. That all railroad companies desiring the use of nº...” said bridge shall have, and be entitled to, equal rights and privileges relative to the passage of railway trains over the Same, and Over the approaches to the same, upon payment of a reasonable compensation for such use ; and in case the Compensation. owner or owners of said bridge, and the several railroad companies, or any of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditious which each shall perform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon hearing of the allegations and proofs ...Secretary ºf of the parties. Wºº decide SEC. 5. That any bridge authorized to be constructed un- der this act shall be built and located under and subject to the regulations for the security of said river as the Secre- Secretary of tary of War shall prescribe; and to secure that object the Yºº § Owner Or owners thereof shall submit to the Secretary of War for his examination and approval a design and draw- ings 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 line at high or low water, the direction and strength of the Current at all stages, and the soundings actually showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for the full and satisfactory understanding of the subject, and until such 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 plan of Said bridge during the progress of construction 298 LAWS RELATING TO CONSTRUCTION OF BRIDGES Such change shall be subject to the approval of the Secre- tary of War. SEC. 6. That if the construction of the bridge herein au- To be com-thorized shall not be commenced within two years from the sº * "passage of this act, and be completed in four years from the Same date, the rights and privileges hereby granted shall Cease and be determined. Right to amend, SEC. 7. That the right to alter, amend, or repeal this act *** is hereby expressly reserved, and the right to require any changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever the Congress shall decide that the public interest requires it, is also expressly reserved. * Approved. March 3, 1887. Marºº, 1887, CHAP. 377.—An Act authorizing the construction of a bridge over Y”. P.” the Tennessee River at or near’Sheffield, Alabama, and for other purposes. * Be it enacted by the Senate and House of Representatives of rjºjº the United States of America in Congress assembled, That it Company, an shall be lawful for the Sheffield Land, Iron and Coal Com- #."º pany of Alabama, a corporation duly and legally incorpo. see River, Ala rated under the laws of the State of Alabama, its succes- sors or assigns, to construct and maintain a bridge over the Tennessee River at or near Sheffield, Alabama. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the persons by whom it may Railway, be built, may be used for the passage of wagons and §. * * vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. To be a lawful SEC. 2. That any bridge built under this act and subject fººt. *** to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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, or passengers or freight passing over said bridge, than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. Draw. SEC. 3. That the said bridge shall be constructed as a draw-bridge; the draw or pivot-pier shall be at such a point in the channel of the river as the Secretary of War may di- rect, and the opening or passage-way of said draw-pier shall be so protected and arranged that water-craft can be worked through it at any and all times; and the draw-Span shall not be of less width than the widest draw-spans connected with any bridge on the Tennessee River, and the lowest point of said draw-span shall be as high above the water as the highest draw-span connected with any bridge over the Tennessee River, and the piers of said bridge shall be par- allel with and the bridge itself at right angles to the current ovKR NAVIGABLE WATERS OF THE UNITED STATES. 299 of the river: Provided also, That said draw shall be opened ...a… tº ſº pening draw. promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other sig- Lights. nals on said bridge as the Light-EHouse Board shall pre- scribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and Not to obstruck if any bridge erected under such authority shall, in the * opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration Changes. of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation aris- Litigation. ing from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the cause may be brought in the district court of the United States of the State of Alabama in which any portion of said obstruction or bridge may be located: Pro- vided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now ex- isting in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the S&LIQ62. ' SEC. 4. That all railroad companies desiring the use of said Other compa- bridge shall have and be entitled to equal rights and priv- **** * ileges relative to the passage of railway trains over the same, and over the approaches thereto, upon payment of a rea- sonable compensation for such use; and in case the owner or Compensation. owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon 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 . Secretary ...of War, upon a hearing of the allegations and proofs of the *::::::::::" parties. - SEC. 5. That any bridge authorized to be constructed un- der this act 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 ºSecretary of object the said company or corporation shall submit to the º' Secretary of War, for his examination and approval, a de- sign and drawings 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, the direction and strength of the currents at all stages, and the sound- ings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the progress of con- 300 LAws RELATING To constructION OF BRIDGEs struction, such change shall be subject to the approval of the Secretary of War. #. Right to amend, SEC. 6. That the right to alter, amend, or repeal this act *** is hereby expressly reserved. Approved, March 3, 1887. #. * 1. • CHAP. 381.—An Act for the construction of a bridge by the Duluth, _ " " P: *: Pierre and Black Hills Railroad Company across the Missouri River at Pierre, Dakota. Be it enacted by the Senate and House of Representatives Duluth, Pierre of the United States of America in Congress assembled, That tº the Duluth, Pierre and Black Hills Railroad Company, a pººl corporation duly organized under the general incorporation ... ºv. ... laws of the Territory of Dakota, its successors and assigns, Pierre, Dakota. is hereby authorized to construct and maintain a bridge across the Missouri River at or near the city of Pierre, gº Hughes County, Dakota, and also to lay on and over said giº R.: bridge a railway track or tracks for the passage of railway bridge. trains; and said corporation may construct and maintain ways for wagons, carriages, and foot-passengers, charging and receiving such reasonable tolls therefor as may be ap- proved from time to time by the Secretary of War. wº SEC. 2. That said bridge should be constructed and built |...t.” without interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said corporation shall sub- mit to the Secretary of War, for his examination and ap- proval, a design and drawings 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, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built: Provisos. Provided, That if the said bridge shall be made with un- Spans. broken and continuous spans, it shall not be of less eleva- tion in any case than fifty feet above extreme high water mark, as understood at the point of location, to the lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than three hundred feet in length; and the piers of said bridge s all be parallel with the cur- rent of said river and the bridge itself at right angles thereto, and the main span shall be over the main channel of the river and not less than three hundred feet in length: Draw. And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, the Satue shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than three hundred feet oVER NAVIGABLE WATERs of THE UNITED STATES. 301 in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under all river spans shall not be less than ten feet above local high-water mark, and the piers of Said bridge shall be built with the current of said river and the bridge itself at right angles thereto: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light- House Board shall prescribe: Provided also, That all rail- way companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all 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. 3. That the Secretary of War is hereby authorized and directed upon receiving such plan and map and other Opening draw. Lights. Other com- panies may use. Secretary of W a r to decide terms. Notification of approval. information, and upon being satisfied that the bridge built upon such plan, with such accessory works, and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may pro- ceed to an erection of said bridge, conforming strictly to the approved plan and location ; and should any change be made in the plan of the bridge or accessory works, during the progress of the work thereon, such change shall be sub- ject likewise to the approval of the Secretary of War; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleg, d to be caused by said bridge, the case may be brought in any court of the United States of the Terri- tory of Dakota, of competent jurisdiction, in which any por- tion of said bridge may be located. SEC. 4. That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized and known as a post- route, upon which also 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 railroads or pub- lic highways leading to such bridge: and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge. SEC. 5. That the United States shall have the right of way for such postal-telegraph lines across said bridge as the Government may construct or control. SEC. 6. That in the event of a failure of said company to construct said bridge within a period of five years from the Litigation. To be a lawful st ructure and post route. Post a l tele- graph. Forfeited if not built in five years. 302 LAWS RELATING TO CONSTRUCTION OF BRIDGES time of the passage and approval of this act, all rights and franchises granted herein shall be null and void. jººnd, SEC. 7. That Congress reserves the right to alter, amend, *** or repeal this act at any time. Approved, March 3, 1887. Mar. 3, 1887, CHAP. 382.—An Act to authorize the construction of a bridge across Vol.%. P.” the Missouri River at a point to be selected within five miles of the city of Yankton, Dakota. Be it enacted by the Senate and House of Representatives of Mºyº the United States of America in Congress assembled, That the †º 8. Yankton and Missouri Valley Railway Company, a corpor- * y }."...º." ation organized under the laws of the Territory of Dakota, souri River, at is hereby authorized to construct and maintain a bridge ** across the Missouri River at such point as may be hereafter Selected by said corporation within five miles east and five miles west of the city of Yankton, in the county of Yankton and Territory of Dakota, due regard being had to the pub- lic convenience and welfare and to the necessities of busi- ness and commerce, and also to construct accessory works to secure the best practicable channel-way for navigation and to confine the flow of the water to a permanent channel at such point, and also to lay on and over such bridge a rail- way track, for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point; and said corporation may construct and main- ..º.º. ºf tain ways for wagons, carriages, and for foot-passengers, bridge. charging and receiving reasonable toll therefor, as may be approved from time to time by the Secretary of War. SEC. 2. That the said bridge shall be constructed without interference with the security and convenience of naviga- tion of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said corporation shall submit to wº. the Secretary of War, for his examination and approval, a plans, etc. design of and drawings for said bridge, and a map of the proposed location, giving, for the space of one mile above and one mile below such proposed location the topography of the banks of the river, with shore-lines and soundings, and such other information as may be required for a full understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of Provisos. War the bridge shall not be built: Provided, That if the said bridge shall be made with unbroken and continuous Spans. spans, it shall have three or more channel-spans, and shall not be of less elevation in any case than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than three hundred feet in length, and the main span shall be over the main channel of the river, and the piers of said bridge shall be parallel with the current of said river, and the bridge itself at right angles thereto: And provided also, That if any bridge built under this act be constructed as a over NAVIGABLE WATERS OF THE UNITED STATES. 303 draw-bridge, it shall have a draw over the main channel of Draw. the river at an accessible and navigable point, and with a span or spans not less than three hundred feet in length in the clear; and no river spans shall be less than three hun- dred feet in length in the clear, and the head-room under such spans shall not be less than ten feet above extreme high-water mark; and the piers of said bridge shall be par- allel with the current of said river, and the bridge itself at right-angles thereto ; that said draw shall be opened promptly upon reasonable signal for the passing of boats and said corporation shall maintain, at its own expense, from sunset to Sunrise, such lights or other signals sig- Lights, etc. mals on said bridge as the Light-House Board shall pre- scribe: Provided also, That all railroad companies desiring Other compa. to use said bridge shall have and be entitled to equal rights ***** and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, in case the parties wº, #: shall be unable to agree upon the same. terms. 6 SEC. 3. That the Secretary of War is hereby authorized Notification. and directed, upon receiving such plan and other informa- tion, and upon being satisfied that a bridge so built will conform to the requirements of this act, to notify the com- pany that he approves of the same; and upon receiving such notification the said company may proceed to erect said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or accessory works during the progress of the work thereon, such change shall be subject likewise to the ap- proval of the Secretary of War. SEC. 4. That said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said ... lº; bridge shall be recognized and known as a post-route, upon †. a n d which also no higher charge shall be made for the transmis- sion over the same of the mails, the troops, and the muni- tions of war of the United States than the rate per mile paid for the transportation over the railroads leading to said bridge; and said bridge shall enjoy the rights and privi- leges of other post-routes in the United States; and Con- gress reserves the right at any time to regulate by appro- priate legislation the charges for freight and passengers Over said bridge. SEC. 5. That the United States shall have the right of Way for such postal-telegraph lines across said bridge as . Post al tele- the Government may construct or control. graph. SEC. 6. That Congress shall have power at any time to Right to amend, alter, amend, or repeal this act, so as to remove all material ***** and Substantial obstructions to the navigation of said river by the construction of said bridge and its accessory works, or to prevent such obstruction; and the expense of altering Said bridge or removing such obstructions shall be at the expense of the owners of such bridge. Approved, March 3, 1887. 304 LAWS RELATING TO CONSTRUCTION OF BRIDGES Mar. 3, 1887. CHAP. 383.—An Act to "authorize the construction of a railroad, Vol. 24, p. 564. wagon, and foot-passenger bridge across the Mississippi River at Fort Madison or Keokuk, or between those points. g Be it enacted by the Senate and House of Representatives of rº.; the United States of America in Congress assembled, That the railway Compa Chicago, Santa Fé and California Railway Company, its suc- §§."ºcessors and assigns, be, and they are hereby, authorized to jº. construct and maintain a railroad, wagon, and foot-passen- #.” ger bridge across the Mississippi River at a suitable place between a point at or near the city of Fort Madison and a point at or near the city of Keokuk, in the State of Iowa, and to lay on or over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river, on either or both sides thereof, at or opposite said point, under the limit- ations and conditions hereinafter provided; that said bridge Not to obstruct shall not interfere with the free navigation of said river be- Inavigation. yond what is necessary in order to carry into effect the rights and privileges hereby granted ; and in case of any Litigation. litigation arising from any obstruction or alleged obstruc- tion to the free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or ob- *. struction touches. Said bridge shall be constructed to pro- Railway, wag. vide for the passage of railroad trains, and for the passage §g." ***" of wagons and vehicles of all kinds, for the transit of ani- mals, and for foot-passengers, for such reasonable rates of toll as may be fixed from time to time by the Secretary of Proviso. War: Provided, That the proviso regarding wagons, ani- mals, foot-passengers, and so forth, shall not influence the Location. location of said bridge in its relation to the interests of navigation * Construction. SEC. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, |be built as a draw-bridge or with unbroken and continuous Provisos. spans: Provided, That if the said bridge shall be made with unbroken and continuous spans, it shall give clear headroom of not less in any case than fifty-five and one- half feet above extreme high-water mark, as understood at Spans. the point of location, nor shall the spans of said bridge give a clear width of water-way of less than two hundred and fifty feet, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and give a clear width of water way of not less than three hundred feet : And pro- vided further, That if any bridge built under the provis- Draw. ions of this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans giving a clear width of water-way of not less than one hundred and sixty feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of water-way of not less than two hundred and fifty feet: Provided, That if the pivot-pier of said bridge shall be constructed within less than four hundred and ten OVER NAVIGABLE WATERS OF THE UNITED STATES. 305 feet of the west shore of said river, the span constructed west of said pivot-pier may be less than two hundred and fifty feet, and said spans shall give a clear headroom of not less than thirty feet above low-water mark, and not less than ten feet above extreme high-water mark; and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected: And provided also, Opening draw. That said draw shall be opened promptly upon reasonable signal for the passage of boats, except when trains are pass- ing over the draw; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. - SEC. 3. That any bridge constructed under this act and To be a lawful according to its limitations shall be a lawful structure, and º' shall be known as a post-route, and the same is hereby de- clared to be a post-route, upon which also 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, 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 have the right of way for postal- Postal tele- telegraph purposes across said bridge. graph. SEC. 4. That all railway companies desiring to use said. bridge shall have and be entitled to equal rights and privil- Other compa- eges in the passage of the same, and in the use of the machin- “* * ery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be pre- scribed by the Secretary of War, upon hearing the allega- ...Secretary of tions and proofs of the parties, in case they shall not agree. ...* * SEC. 5. That the structure herein authorized shall be built and located under and subject to such regulations for the security of the 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 wºr: War, for his examination and approval, a design and draw-ºs.º" ing 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, the direction and strength of the current at all stages, and the soundings, accurately show- ing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navigation, the bridge shall not be commenced or built; and should any change be made in the plan of said bridge during the prog- ress of construction, such change shall be subject to the approval the Secretary of War; and the said bridge shall be constructed with such aids to the passage of said bridge, ... Aids to naviga. in the form of booms, dikes, piers, or other suitable and * proper structures for confining the flow of water to a per- manent channel, and for the guiding of rafts, steamboats and other water-craft safely through the draw and raft 1574 BR 20 306 LAWS RELATING TO CONSTRUCTION OF BRIDGES. Spans, as the Secretary of War shall prescribe and order to be Constructed and maintained at the expense of the company OWning Said bridge; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said Structure; and for the 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 Secretary of War; and the said structure shall be changed, or removed at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law when the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States. SEC. 6. That should said Chicago, Santa Fé and Califor- Mº... mia Railway Company construct said bridge at or near Fort adison, another * e * - tº may be "built at Madison, then it shall be lawful for any corporation author- ECeokuk. ized under the laws of the State of Iowa to construct a bridge across the said river at a suitable point at or near the city of Keokuk, and subject to all the rights, conditions, and limitations expressed in this act. Right to amend, SEC. 7. That the right to alter, amend, or repeal this act *** is hereby expressly reserved. Approved, March 3, 1887. . Mar. 3, 1887. CHAP. 384.—An Act authorizing the city of Winona, Minnesota, to Vol.%. P.” construct a bridge across a part of the Mississippi River and a cer- - -------------- tain island therein. Y Be it enacted by the Senate and House of Representatives of Winona, Minn; the United States of America in Congress assembled, That the * º *ś city of Winona, a municipal corporation in the State of Min- º," "nesota, located on the west bank of the Mississippi River, * & º º be, and it hereby is, authorized and empowered to construct and to perpetually maintain a pile bridge for the passage of teams, vehicles, and pedestrians, and for other purposes for which ordinary wagon and foot bridges are commonly used, from the southerly end of the certain wagon-road owned and maintained by said city, and located and termi- nating at the bank of said river in lot six, in section six, township eighteen north, of range ten west, in the county of Buffalo and State of Wisconsin, opposite said city, across that certain slough or part of said river which lies between the Wisconsin shore and the Certain island in said river known and designated as “Island number seventy-two,” and to, upon, and across said island, and from thence on in a southerly direction to navigable water in the main part of said riverlying southward from said island. The said bridge to be used in connection with a ferry to be operated by said * city across the main channel of said river. Not to obstruct SEC. 2. That said bridge shall be so located and con- navigation. structed as not to obstruct or interfere with the navigation of said main channel; and that said bridge shall be built OVER NAVIGABLE waters OF THE UNITED STATES. 307 subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and until the plan and location of the bridge are approved by the Sec- retary of War the bridge shall not be built. And should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 3. That the right to alter, amend, or repeal this act Right to amend, is hereby expressly reserved; and the right to require any “** changes in said structure, or its entire removal, at the ex- pense of the owners thereof, whenever Congress shall de- cide that the public interests require it, is also expressly re- served. Approved, March 3, 1887. CHAP. 385.-An Act authorizing the construction of a bridge over March 3, 1887 the Tennessee River at or near Guntersville, Alabama, and for other Vol. 24, p. 566. purposes. *-º-º-ºr-- ~~~~~~~-º-º-º-º-ºr- Be it enacted by the Senate and House of Representatives of . the United States of America in Congress assembled, That it ... Huntsville and shall be lawful for the Huntsville and Birmingham Railway #." * Company of Alabama, a corporation duly and legally in-pany authorized corporated under the laws of the State of Alabama, its suc-....";....”. cessors or assigns, to construct and maintain a bridge over ºn ters ville, the Tennessee River at or near Guntersville, Alabama. “ Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the persons by whom Railway, wagon it may be built, may be used for the passage of wagons and and footbridge. vehicles of all kinds, for the transit of animals, and for foot- passengers, for such reasonable rates of toll as may be ap- proved from time to time by the Secretary of War. SEC. 2. That any bridge built under this act and subject to its limitations shall be a lawful structure, and shall be tº lº recognized and known as a post-route, upon which also nojº, "" 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, or passengers or freight passing over said bridge, than the rate per mile paid for the transporta- tion over the railroad 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. 3. That the said bridge shall be constructed as a draw-bridge; the draw or pivot-pier shall be at such point Draw. in the channel of the river as the Secretary of War may direct, and the opening or passage-way of said draw-pier shall be so protected and arranged that water-craft can be worked through it at any and all times; and the draw-span shall not be of less width than one hundred and sixty feet, and the lowest point of said draw-span shall be not less than ten and one-half feet above the highest water stage at the point of location and the piers of said piers shall be par- allel with and the bridge itself at right angles to the current of the river: Provided also, That said draw shall be opened Provisos. promptly upon reasonable signal for the passing of boats; Opening draw 308 LAWS RELATING TO CONSTRUCTION OF BRIDGES and said company or corporation shall maintain, at its own Lights. expense, from sunset till sunrise, such lights or other sig- mals on said bridge as the Light-House Board shall pre- scribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and if any bridge erected under such authority shall, in the Not to obstruct opinion of the Secretary of War, obstruct such navigation, navigation. he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction ; and all such alterations shall be made and all such obstructions be removed at the expense of the owner Litigation. Or Owners of said bridge; and in case of any litigation aris- ing from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the cause may be brought in the district court of the United States of the State of Alabama in which any portion of said obstruction or bridge may be located: Pro- wided further, That nothing in this act shall be so construed Existing, laws as to repeal or modify any of the provisions of law now ex- ** isting in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the Sa IIlê. º * SEC. 4. 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 railway trains over the same and over the approaches thereto, upon payment of a Compensation, reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said wº. 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. SEC. 5. That any bridge authorized to be constructed secretary of under this act shall be built and located under and subject º, ºpprºve to such regulations for the security of navigation of said plans, etc. 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, the direction and strength of the currents at all stages, and the Sound- ings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 built; and should any change be made in the plan of said bridge during the progress of con- struction, such change shall be subject to the approval of the Secretary of War. OVER NAVIGABLE WATERS OF THE UNITED STATES. 309 SEC. 6. That the right to alter, amend, or repeal this act ºn". is hereby expressly reserved. • ? º Approved, March 3, 1887. CHAP. 386–An Act to authorize the Georgia Pacific Railroad Com- Mar, 3, 1887. pany to construct bridges across the Sunflower, Yazoo, and Tombigbee Vol.% P. 387: Rivers, in Mississippi. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the º: Georgia Pacific Railroad Company, a corporation created ..."...tº; and existing under and by virtue of the laws of the States ...º.j of Alabama and Mississippi, be, and is hereby, authorized and Tombigbee to build bridges across the Sunflower River, the Yazoo; **** River, and the Tombigbee River, in the State of Mississippi, at such points as may hereafter be selected by said railway company for crossing said rivers with its railroad line, the said bridges to be so constructed as not to interfere with the navigation of said rivers: Provided, That such crossing of Proviso. the Yazoo River shall be between the mouth of the Yalla- Yazoo River. busha, on the north, and the upper mouth of Roebuck Lake, -- - - - - at Glen Mary Plantation, on the south: And provided further, That any bridge constructed under this act and according to its limitations shall be a lawful structure, and shall be . To be law ful known and recognized as a post-route, and the same is hereby;..."" d declared to be a post route, upon which also no higher charge shall be made for the transmission over the same of the mai.s, the troops, and the munitions of war of the United States, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transporta- tion over the railroads leading to the said bridge; and the |United States shall have the right of way for a postal tele- Postal tele. graph across Said bridge. graph. SEC 2. That any bridge authorized to be constructed under this act shall be built and located under and subject ...Secretary of to such regulations for the security of navigation of said º, tº approve river as the Secretary of War shall prescribe; and to se- cure that object the said persons or corporation shall sub- mit to the Secretary of War, for his examination and ap- proval, a design and drawings 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, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall fur- nish 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 built ; and should any change be made in the plan of said bridge dur- ing the progress of construction, such change shall be sub- ject to the approval of the Secretary of War. SEC. 3. That Congress reserves the right to alter, amend, Right to amend, or repeal this act at any time; and that if at any timé “” 310 LAWS RELATING TO CONSTRUCTION OF BRIDGES navigation of the said river shall in any manner be ob- Not tº obstruct structed or impaired by the bridge authorized by this ** act to be constructed, the Secretary of War, shall have authority, and it shall be his duty, to require the said railway company to alter and change the said bridge, at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if, upon such reasonable notice to said railway com- pany to make such change or improvements, the said company fails to do so, the Secretary of War shall have authority to make the same, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of the river; and if said bridge shall not be fin- ished within two years from the passage of this act, the rights and privileges hereby granted shall be null and Void. Approved, March 3, 1887. Mar, 3, 1887, CHAP. 393.—An Act to authorize the Tombigbee Railroad Company Vol.%. P.” to construct a bridge across the Tombigbee River at or near Colum- bus, Mississippi. Be it enacted by the Senate and House of Representatives of is...}}}." the United States of America in Congress assembled, That the pany authorized Tombigbee Railroad Company, a corporation created and §º."º existing under and by virtue of the laws of the State of sº. Columbus, Mississippi, be, and is hereby, authorized to build a bridge ISS, across the Tombigbee River in the State of Mississippi, at such point as may hereafter be selected by said railway company for crossing said river at or near Columbus with * its railroad line, the said bridge to be so constructed as not Proviso. to interfere with the navigation of said river: Provided, That any bridge constructed under this act and according To be a lawful to its limitations shall be a lawful structure, and shall be - fººt. ***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 transmission over the same of the mails, the troops, and the munitions of war of the United States, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads leading to the said bridge; and the United States shall have the right of way Postal tele-for a postal telegraph across said bridge. graph. SEC. 2. That any bridge constructed under this act shall wº: be built and located under and subject to such regulations isºtº” for the security of navigation of said river as the Secretary. of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his ex- amination and approval, a design of the drawings of the bridge and piers, and a map of the location, giving, for the space of at least one mile above and one mile below the pro- posed location, the topography of the banks of the river, the shore-lines at high and low water, and the direction and strength of the currents at all stages, and the soundings, ac- curately showing the bed of the stream, the location of any over NAVIGABLE WATERS OF THE UNITED STATES. 311 other bridge or bridges, and shall furnish such other in- formation as may be required for a full and satisfactory un- derstanding of the subject; and until said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and if any change be made in the plan of construction of said bridge during the progress of 'the work thereon, or before the completion of said bridge, such change shall be subject to the approval of the Secre- tary of War; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and the said structure shall be changed, at the cost and ex- pense of the owners thereof, from time to time as Congress may direct, so as to preserve the free and convenient navi- gation of said river; and the authority to erect and continue said bridge shall be subject to the revocation or modification by law whenever the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, suit may be brought in the circuit courts of the United States of Mississippi in whose jurisdiction any portion of said bridge may be located. Litigation. SEC. 3. That Congress reserves the right to alter, amend, Right to amend or repeal this act at any time; and that if at any time nav- etc., reserved. igation of the said river shall in any manner be obstructed Not to obstruct or impaired by the bridge authorized by this act to be con- navigation. structed, the Secretary of War shall have authority, and it shall be his duty, to require the said railway company to alter and change the said bridge, at its own expense, in Such manner as may be proper to secure free and complete navigation without impediment; and if, upon such reason- able notice to said railway company to make such change or improvements, the said company fails to do so, the Sec- retary of War shall have authority to make the same, and all the rights conferred by this act shall be forfeited ; and Congress shall have power to do any and all things neces- Sary to secure the free navigation of the river. Approved, March 3, 1887. Mar. 3, 1887. CHAP. 395–An act authorizing the construction of a bridge over the Vol 4, p. 633. Tennessee River at or near the foot of the Mussel Shoals Canal, and for other purposes. Be it enacted by the Senate and House of Representatives o the United States of America in Congress assembled, That it Shall be lawful for the Tennessee Bridge Company of Ala- bama, a corporation composed of the following-named per- Sons: M. A. Spurr, A. W. Wills, John Woodard, E. W. Cole, E. B. Stahlman, W. J. Wood, Lee Howell, Charles G. Smith, W. M. Daniels, W. B. Wood, W. C. Sherrod, W. P. Camp. bell, W. E. Blair, and R. L. Bliss, duly and legally incor- porated under the laws of the State of Alabama, its succes- SOTS or assigns, to construct and maintain a bridge over the . Te n n e s see Bridge Company authorized to bridge Tennessee iver at Mussel Shoals. S. 312 LAWS RELATING TO CONSTRUCTION OF BRIDGES Tennessee River at or near the foot of the Mussel Shoals Canal. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the persons by whom it may be built, may be used for the passage of Railway, Wag. Wagons and vehicles of all kinds, for the transit of animals, on, and foot ſº bridge. and for foot-passengers, for such reasonable rates of toll as W. be approved from time to time by the Secretary of alſ. To be a lawful SEC. 2. That any bridge built under this act and subject fººt. *"" to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also 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, or passengers or freight passing over said bridge, than the rate per mile paid for the transporta- tion over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. t SEC. 3. That the said bridge shall be constructed as a draw- Draw. bridge; the draw or pivot-pier shall be at such a point in the channel of the river as the Secretary of War may di- rect, and the opening or passage way of said draw-pier shall' be so protected and arranged that water-craft can be worked through it at any and all times; and the draw-span shall be of such width and such height above the water as the Secretary of War may prescribe, and the piers of said bridge shall be parallel with and the bridge itself at right Proviso. angles to the current of the river: Provided also, That said Opening draw, draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such Lights. lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or main- tained under the authority of this act which shall at any Not to obstruct time substantially or materially obstruct the free naviga- navigation. tion of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstructions; and all such altera- tions shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge; and in Litigation case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the cause may be brought in the district court of the United States of the State of Alabama in which any portion of said obstruction or bridge may be located : Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the pro- tection of the navigation of rivers, or to exempt this bridge from the Operation of the same. other compa. SEC. 4. 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 railway trains over the same, and Over the approaches thereto, upon payment of a ovKR NAVIGABLE waters of THE UNITED STATES. 313 Jeasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them desiring such use, shall fail to agree upon the sum or sums to be paid, and upon 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 Secretary of War to decide War, upon a hearing of the allegations and proofs of the terms. parties. SEC.5. That any bridge authorized to be constructed under this act 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 Secre- tary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the pro- posed location, topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the Soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understand- ing 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 built; and should any change be made in the plan of said bridge during the progress of construction, such ºse shall be subject to the approval of the Secretary of alſ. - Secretary of War to approve plans, etc. SEC. 6. That the right to alter, amend, or repeal this act Right to amend, is hereby expressly reserved. Approved, March 3, 1887. etc., reserved. IN ID TE X. A small figure after the number of a page, e. g., 131°, indicates the number of times the item appears on the page. Where localities of bridges are not mentioned in the acts by the names of cities, this information has been supplied as far as possible from data at hand, and appears in this index. A. Alabama River, Page. near Selma, Ala. ------------------------------------------------------ 59 above Montgomery, Ala----------------------------------------------- 60 4thany Bridge Company --------------------------------------------------- 44 Albany, Ill., across Mississippi River ------------------------------------------ & ſº sº tº 44 Alburgh, Vt., across Lake Champlain----------------------------------------------- 161, 183 across Missisquoy Bay (Sec. 2) ---------------------------------------- 162 Alexander's Island, - across Potomac River-------------------------------------------------- 6 Alexandria, La., across Red River at or near -------------------------------------------- 293 Alexandria Canal Company ------------------------ we dº ſº tº tº º is sº us ºs º ºs tº dº tº dº sº º sº & 20, 21, 51, 130 Alexandria, Mo., across Mississippi River----------------------------------------------- 80 Alexandria and Washington Railroad Company------------------------------ 35 Alton, Ill., * across Mississippi River at or near ------------------------------------. 209 Amendment of act of June 12, 1884, relating to bridges across the Wisconsin, Chippewa, and Saint Croix ivers-------------------------------------------------------------- 212 Anacostia Bridge, over Eastern Branch of Potomac River - - - - - - - - - - - - - - 14, 15, 30, 31, 32, 105,111,248. across Eastern Branch of the Potomac, for sale of.-- - - - - - - - - - - - - - - - - - - - 111 4nacostia Bridge Company ------------------------------------------------- 14, 17 Anacostia River (see Eastern Branch of the Potomac).------...----...------- --- 14 Aqueduct (canal) at Georgetown, D. C., across Potomac River---------------------------------------------- 20, 21,51, 129 Aqueduct Bridge, across the Potomac River -------------------------------------------.. 246 Argenta to Little Rock, across Arkansas River ------------------------------------ * * * * * * is sº tº sº tº º 122 Arkadelphia, Ark., across Ouachita River at or near -------------------------------------- 102 Arkansas River, Little Rock, Ark., at or near------------------------------------------- 62,83 Little Rock to Argenta, Ark------------------------------------------- 122 near Pine Bluff, Ark-------------------------------------------------- 140 Texas and Saint Louis Railway Company across---------------- - - - - - - - - 140 at Van Buren, Ark---------------------------------------------------- 145 Arkansas River Transfer Railway Company.--------------------------------- 122 Arrow Rock, Mo., across Missouri River at or near - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 134,211 Arthur Kill, or Staten Island Sound, from New Jersey to Richmond County, New York. --...------------. -- - - 245 48toria and Winnemucca Railroad Company-------------------------...------- 258 4tchison and Nebraska Railway Company-----------------...---..... -------- 179 316 INDEX. Page. Atchison, Kans., across Missouri River near------------------------------------- ------- 238 4tchison Bridge Company--------------------------------------------------- 238 Aurora, Ky., across Tennessee River at any point below - - - - - - - - - - - - ---------------. 263 |B. Baltimore and Potomac Railroad Company.----------------...--------------. 60 Baltimore and New York Railroad Company.----...--------------------------- 245 Bay of Biloxi, w New Orleans, Mobile and Chattanooga Railroad Company. ---...--------- 46 Bayou Barnard, in or near Handsborough, Harrison County, Mississippi - - - - - - - - - - -----. 274 Bay of Saint Louis, Mississippi, - East Pascagoula River and Bay of Biloxi, and New Orleans, Mobile and Chattanooga Railroad Company------------------------------------- 46 Bellingham Bay Railway and Navigation Company----...----...----------------. 256 Belle Isle, or Belle Isle Park, across Detroit River, between northwestern bank and - - - - - - - - - sº - - - tº - - - - 254 Benning's Bridge, across Eastern Branch of Potomac, Washington, D. C. - - - - - - - 14, 17, 30, 31, 32,248 across the Eastern Branch Potomac River, District of Columbia, above.. 145 Big Sandy River, Kentucky, general provisions for all bridges across Ohio River above mouth of. ---. 34 general provisions for the erection of bridges below the mouth of...----. 92 general provisions for the erection of bridges above the mouth of ... ----- 92 general provisions for all bridges above and below mouth of, on the Ohio River (Sec. 2) ------------------------------------------------------- 160 Big Wabash River, between White County, Illinois, and Posey County, Indiana - - - - - - - - - - - - 65 Bilozi Bay, Mississippi, New Orleans, Mobile and Chattanooga Railroad Company. -- - - - - - - - - - - - 46 Black River, Ohio, near village of Black River.----------------------------- • ‘º º -> * * * * * * * * * * 47 Black River Village, Ohio, - across Black River ---------------------------------------------------- 47 Black Rock, N. Y., * across Niagara River at ----------------------------------------------- 61, 109 Blackwell's Island, New York, across East River at or near Long Island and - - - - - - - - - - - - - - - - - - - - - - - - - - 277 Bloomfield Railroad Company. ----------, -------------- - - - - - - - - - - - - - - - - - - - - - 125 Boonville, Cooper County, Missouri, across Missouri River.----------------------------- --------------------- 76 Boonville Railroad Bridge Company ----------------------------------------- 76 Boston, Mass, , across Charles River ---. -------------------. * † ºn tº º sº º 'º - tº * * * * * * * * * * * * * * ge . 47 Brainard, Minn., across Mississippi River near .---------------------...----. * * * * * * * * * * * * * * 211 Bridesburgh, Pa., across United States arsenal grounds -------------------------...-- , ºs º 'º ºn tº 222 Bridgeport, Ohio, - w - across Ohio River ----------------------------------------------------- 31 Bridges over navigable rivers obstructing navigation, Companies owning same to construct and maintain booms, dikes, and other aids to free navigation ---------------------------------------. 195,267 Brooklyn, N. Y., across mill-pond and marsh in navy-yard - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 across East River -------------------------------------------. --------- 55 Brown's Ferry, Cooke County, Teacas, across Red River near------------------------------------------------- 237 Brownville, Fort Kearney and Pacific Railroad Company.... -------------...--- 88 Brownville, Nebr., across Missouri River.------------------------------------------------- 88 Buena Vista Ferry Turnpike, Tennessee, across Cumberland River near Nashville, between Hydes Ferry and - - - - - 281 Buffalo County, Wisconsin, across Mississippi River to Winona, Minn.-- - - - - - - - - - - - - - - - - - - - - - - - - - - - 306 INDEX. * 317 b’âge. Buffalo, N. Y., across Niagara River -------------------------------------------------- 61 across Niagara River declared a post route ----------------------------- 109 Buffalo Valley, Tennessee, across Caney Fork River, between the mouth of, and (sec. 6).----------- 208 Burlington and Southwestern Railroad Company ------------------------------ 100 Burlington, Iowa, -> across Mississippi River (Sec. 4)---------------------------------------- 41 C. Calais, Me., --- across Saint Croix River ---------------------------------------------- 158 Camden, Ark., across Ouachiţa River at or near--------------------------------------- 140 Camden County, Georgia, across Crooked River - - - - - - - - - - - - - - - - a tº dº º dº sº sº ſº º is is º ºs sº sº º Aº, ºr sº sº º sº tº sº tº sº sº º ºs º gº ºne º ºs 152 across Saint Mary's River.--------------------------------------------- 152 over Satella River.---------------------------------------------------- 152 Camden, N. J., across Delaware River ------------------------------------------------ 59 across Delaware River declared a post route - - - - - - - - - - - - - - - - - - - - - - - - - - - 61 Canal Aqueduct at Georgetown, D. C., across Potomac River --------------------------------------------- 20, 21, 51, 129 Caney Fork River, between the mouth of, and Buffalo Valley, Tennessee (sec. 6) - - - - - ----- gº 208 Canton, Ky., * across Cumberland River at any point below - - - - - - - - - - - - - - - - - - - - - tº sº sº gº tº 263 Carondelet, Mo. (southern part of Saint Louis), across Mississippi River ----------------------------------------------- 98, 111 Carroll County, Illinois, across Mississippi River (Sec. 7) --------------------------------------- 74 Carthage, Tenn., across Cumberland River in or near the corporate limits of - - - - - - - - - - - - - 207 Caw8eways, bridges, &c., - * { obstructing free navigation of rivers and harbors ------------------...-- 267 Central Iowa Railway Company--------------------------------------------- 138 Central Missouri Railway Company------------------------------------------ 209 Central Missouri Railway Company (Sec. 6) ---------------------...----------- 211 Central Pacific Railroad, general provisions for bridging the Missouri and other rivers.----------. 36 Chaim Bridge, across Potomac River ------------------------------------------------- 107,248 Chamberlain, Dak., across Missouri River near or in the vicinity of --- - - - - - - - - - - - - - - - - - - - - - 242 Champlain, N.Y., * across Lake Champlain, &c ------------------------------------------- 37 Channel between Lake Huron and Lake Erie. --------------------------------- 97 Charles River, Massachusetts, between Boston and East Boston -------------------------------------- 47 Charlotte, N. Y., across Genesee River, in Monroe County ------------------------------- 97 Chatham County, Georgia, & across Ogeechee River------------------------------------------------- 167 Chattahoochee River, in Stewart or Muscogee Counties, Georgia ----------------------------- 167 Chattanooga, Tenn., across Tennessee River at or near. - - - - - - - - - - - - - - - - - - - - - - - - - * * * * * * * * * * * * * 276 Chesapeake and Ohio Canal.-------------------------------------------------- 52 Chesapeake and Ohio Canal. Company---------------------------------------. 108 Chesapeake and Ohio Canal and highway--------------------...--------------. 247 Cheyenne River, Dakota, sº on line of Government road from Sioux City to mouth of.--------- - - - - - - 48 Chicago, Burlington and Northern Railroad Company------------------------- 212,251 Chicago, Burlington and Pacific Railroad Company ...-----...------------------. 138 Chicago, Burlington and Quincy Railroad Company (sec. 4).------------------- 41 Chicago, Burlington and Quincy Railroad.----------------------------------- 73 Chicago and Central Kansas Railroad Company.----------------------------. 193 Chicago, Freeport and Saint Paul Railroad Company.--...--------...----------- 212 Chicago and Illinois Southern Railroad Company ............................ 69. 3.18 - INDEX. Page. Chicago, Iowa and Nebraska Railroad Company.... -- - - - - - - - - - - - - - - - - - - - - - - - - 44 Chicago, Kansas City and Texas Railway Company. - - - - - - - - - - - - - - - - - - - - - - - - - - - 286 Chicago, Milwaukee and Saint Paul Railway Company..... -- - - - - - - - -- - - - - - - - - 230, 242 Chicago, Rock Island and Pacific Railroad Company - - - - - - - - - - - - - - 44, 50, 85,90, 107,110, wº 119, 128, 1312 Chicago, Saint Paul and Saint Louis Railroad Company - - - - - - - - - - - - - - - - - - - - - - 197 ‘Chicago, Saint Paul and Saint Louis Railroad Company (sec. 9).----... -- - - - - - - 199 Chicago, Santa Fé and California Railway Company. - - - - - - - - - - - - - - - - - - - - - - - - - 304 Chillicothe and Kansas City Railway Company. ------------------------------- 165 Chippewa County, Michigan, across Saint Marie River. --------------------------------------------- 150 Chippewa Falls and Western Railway. Company - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 171 Chippewa River, across Mississippi River below mouth of- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 131 within 5 miles of its confluence with the Mississippi. - - - - - - - - - - - - - - - - - - - 175 Chippewa Valley and Superior IRailway Company------------------------. ---- 131 Chippewa, Wisconsin and Saint Croix Rivers, amendment of act of June 12, 1884, relating to bridges across. -- - - - - - - -. 212 ‘Cincinnati, Ohio, across the Ohio River, declared a post-route - - - - - - - - - - - - - - - - - - - - - - - - - - - - 37 across Ohio River. - - - - - * * * * * * * * * * * * * * * * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 56, 68 across Ohio River between Covington, Ky., and - - - - - - - - - - - - - - - - - - - - - - - - .244 Citizens' Bridge Company of Arkansas --------------------------------------- 62 Clarendon, Ark., across White River near------------------------. ---------------------- 140 Clatsop County, Oregon, - across Skipanon Creek ------------------------------------------------ 264 across Young’s Bay at such point as said county may select - - - - - - - - - - - - - 264 ‘Clay County, Missouri, - across Missouri River-------------------------------------- * * * * * * * * * * * 230 Cleveland and Pittsburgh Railroad Company. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 39 Cleveland and Toledo Railroad Company. -- - - - - - - - - - - - - - - - - -. * * * * * * * * * ~ * * * * * * 39 Cleveland, Ohio, across Cuyahoga River------------------------------------------------ 39 Clinton County, Iowa, across Mississippi River----------------------------------------------. 74 ‘Clinton, Iowa, across Mississippi River - - - - - - - - - - - - - - - - ---...----------------------- * - - - 44 across Mississippi River near-----------------------------------------. 73 across Mississippi Riper at or near (Sec. 4)----------------------------. 105 across Mississippi River at or near-...----. • * * * * * * * * * ~ * 84, 106, 149, 199,207,220, 233 ‘Columbiana, Green County, Illinois, across Illinois River within 5 miles of. ------------- - - - - - - - - - - - - - - - - - - - - 169 Columbus, Miss., across Tombigbee River at or near------------------------------------- 310 Common Council of Saint Paul, Minn., across Mississippi River at said city.---------------. , - - - - - - - - - - - - - - - - - - 190 Connecticut River, - at Lyme, Conn., Shore Line Railway----------------...----------------- 54 at or near Middletown, Conn.------------------------------------------ 53 Connors Point, Wisconsin, across Saint Louis River.-------------------------------------------- 95 Cooke County, Texas, 4. across Red River, near Brown's Ferry.----- - - - - - - - - - - - - - - - - - - - - - - - - - - - 237 Coosa Land District, Alabama, across Coosa River, near township 14, range 6 east, and.----...----. ---- 290 across Coosa River, in township 17, range 4 east, and - - - - - - - - - - - - - - - - - - 292 Coosa River, in Coosa land district, near township 14, range 6 east- - - - - - - - - - - - - - - - - - 290 in township 17, range 4 east, in Coosa land district, Alabama-...--------. 292 iCouncil Bluffs, Iowa, * across Missouri River at or near - - - - - - - - - - - - - - -----. - - - - - - - - - - - - - - - - - - - 66 across Missouri River, between Omaha, Nebr., and - - - - - - - - - - - - - - - - - - - - - 288 ‘County of Saint Charles, Missouri, across Missouri River, near Saint Charles, in . - - - - - - - - - --. -- - - - - - - - - - - - - 136 Covington and Cincinnati Elevated Railway Transfer and Bridge Company. - - - - - 244 Covington and Cincinnati Suspension Bridge, general provision for all bridges below, on Ohio River.----------. . . . . . . 92 general provisions for all bridges across Ohio River below (see 2)...... 160 INDEX. 319. Page Covington and Cincinnati Suspension Bridge. ----. --------------------------- 244 Covington, Ky., - across the Ohio River, declared a post-road.----...----------...-...----. 37 across Ohio River, between Cincinnati and - - - - - - - - - - - - - - --...----...----. 244 Crat's Island, across Mississippi River at foot of------------------------...------------- 131 Crawford County, Arkansas, - Saint Louis and San Francisco Railway Company, across Arkansas River at Van Buren ------------------------------------------------------- 145 Crookston Southwestern Railroad Company - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 284 Crooked River, * in Camden County, Georgia.------------------------------------------- 152 Cumberland road, across Kaskaskia River, in Illinois. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 30 Cumberland River, at Nashville, Tenn.--------------------------------------------------- 182 in or near the corporate limits of Carthage, Tenn.-- - - - - - - - - - - - - - - - - - - - 207 at any point below Canton, Ky-----------. ---------------------------- 263 near Nashville, Tenn., and between Hyde's Ferry and Buena Vista Ferry Turnpikes ---------------------------------------------------------- 281 Cuyahoga River, Ohio, at Cleveland.----------. ---------------------------------------------- 39 |D. Dakota Central Railway Company. ------------------------------------------ 240 Dakota River, on line of Government road from Sioux City, Iowa, to mouth of Cheyenne River--------------------------------------------------------------- 48 Davenport, Iowa, across Mississippi River. . . . . . . . -- - - - - - - - - - - - - - - - - - -50, 55, 58,90, 115, 131, 204, 205 Davenport, Iowa and Dakota Railroad.----------------------...--------------- 205 Davenport and Rock Island Bridge Company------------...-----...-----------. 205 Davenpört and Rock Island Street Railway Company------...----. --------* ~ * 204 Davenport and Saint Paul Railroad Company. ----- - - - - - - - - - - - - - - - - ---------. 85 Davidson County, Tennessee, across Cumberland River, near Nashville ---------------...----------. - . 281 Decatur County, Tennessee, across Tennessee River.----------------------------------------------- 225 Delaware River, between Philadelphia, Pa., and Camden, N. J.------------------------. 59 between Philadelphia, Pa., and Camden, N. J., declared a post route. -- 61 right of way through United States arsenal grounds on, at Bridesburgh. 222 Denison, Teac., across Red River near------------------------------------------------- 219 Des Moines River, in such county of Iowa as is most practicable for location of railroad. .. 217 Detroit, Mich., across Detroit River ------------------------------------------------ 97, 124, 254 Detroit River, at Detroit, Mich------------------------------------------------------ 97, 124 between northwestern bank and Belle Isle, or Belle Isle Park - - - - - - - - - - 254 Dooly County, Georgia, across Flint River ---------------------------------------------------- 167 Douglas County, Nebraska, across Missouri River between north and south line of.----. -- - - - - - - - - - - 177 Dubuque and East Dubuque, Iowa, across Mississippi River between ------------------------------------. 253 Dubuque, Iowa, * across Mississippi River (sec. 9).--------------------------------------. 42 across Mississippi River at or near------------------------------------. 112 across Mississippi River.---------------------------------------------- H74 across Mississippi River near------------------------------------------ 251 across Mississippi River between East Dubuque, Ill., and - - - - - - - - - - - - - - 274 Dubuque Pontoon Bridge Company - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 274 Duluth and Manitoba Railroad Company -------------...----, ----------------- 279 Duluth, Pierre and Black Hills Railroad Company. -- - - - - - - - - - - - - - - - - - - - - - - - - - 300 320 INDEX. Page. Dundas County, Canada, across Saint Lawrence River ------------------------------------------ 156 Dwnleith, Ill., - across Mississippi River (sec. 9.) ----...----. . .!------------------ * * * * * * * * 42 Dunstan River, º at Scarborough, Me., at or above the Steep banks.--------...----------- 81 E. Eagle Pass, Tex., across Rio Grande River ---------------------------------------------- 172 East and Middle Tennessee Railroad Company. -----------------...----...----- 207 East and Middle Tennessee Railroad Company (sec. 6.) -- - - - - - - - - - - - - - - - - - - - - - - 208 East and West Railroad Company of Alabama ------. ------------------------ 290 East Boston, Mass., - across Charles River -------------------------------------------------- 47 East Dubuqwe Bridge Company --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 274 East Dubuque, Ill., across Mississippi River between Dubuque, Iowa, and -- - - - - - - - - - - - - - - - - 274 East Georgia and Florida Railroad Company -------------------------------- 152 Eastern Branch of Potomac River, District of Columbia, at Washington . - - - - - - - ----------------------------- 14, 15, 30, 31, 32,105, 111,248 Bennings bridge ---------. --------------------------------- 14, 17, 30, 31, 32,248 above Bennings bridge ----------------------------------------------- 145 Southern Maryland Railroad across ----------------------------------- 145 at the foot of Pennsylvania avenue, Washington, D. C. - - - - - - - - - - - - - - - - 275 Eastern Branch Bridge Company-------------------------------------------- 14 East Florida Railroad Company -------------------------------------------- 128 JEast Pascagoula River, Mississippi, New Orleans, Mobile and Chattanooga Railroad Company..... - - - - - - - - - 46 East Pearl River, Mississippi, where crossed by New Orleans and Northeastern Railroad - - - - - - - - - - - - - 153 Bast River, New York, between New York City and Brooklyn - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 55 between New York and Long Island, at or near Blackwell’s Island.----. 277 East Saint Louis, Ill., across Mississippi River (Sec. 11) -------------------------------------- 42 across Mississippi River ----------------------------------------------- 49 submerged tubular bridge across Mississippi River. - - - - - - - - - - - - - - - - - - - - 43 JElizabeth River, Virginia, - southern branch of, between navy-yard and dry-dock, at Norfolk, Va. ... 21 El Paso Street Railway Company -------------------------------------------- 155 El Paso, Tex., across Rio Grande River.---------------------------------------------. 155 Evansville and Southern Illinois Railroad Company. - - - - - - - - - - - - - - - - - - - - - - - - - - 65 Evansville, Carmi and Paducah Railroad Company -- - - - - - - - - - - - - - - - - - - - - - - - - - 65 F. Falls of the Niagara, across from a point on right bank, at mountain ridge above Lewiston, to a point in Canada, between.-----------. -------------------------- 174 Falls of the Ohio ----------------------------------------------------------- 36 Farrowtown, Calhoun County, Illinois, across Illinois River, within 5 miles of ---------------------...----...----- 169 Femme Osage Creek, Missouri, across Missouri River near the mouth of .----. ------------------------- 233 Permandina and Jacksonville Railroad Company . . . . . . -- - - - - - - - - - - - - - - - - - - - - - 152 Flint River, in Dooly County, Georgia --------------------------------------------- 167 Fort Laramie, Wyo., across North Platte River---------------------------------------------- 107 Port Leavenworth, Kams., across Missouri River near military reservation of- - - - - - - - -...---------. 48 across Missouri River at military reservation of . - - - - - - - - - - - - - - - - - - - - - - - 64 Fort Madison, Iowa, - across Mississippi River ----------------------------------------------- 81 across Mississippi River at or near-------------------...----------------- 304 Fort Monroe, Va., across Mill Creek------------------------------------------------ º º as as º ºs 27, 28 INDEX. 321 Page, Fort Riley, Kans., across Republican River near ----------------------------------------- 197 Fort Riley, Military Reservation, Kansas, across Republican River.------------------------ tº gº tº º º ºs º º sº me sº ºn as ºs ºr e º e º ºs e º ºs 45, 121 Fort Snelling, Minn., across Mississippi River at or near---------------------------. --------- 121 Franklin, Howard County, Missouri, across Missouri River.-----------------------------------. * * * * * * * * * * * * * * 76 G. Gaine8ville and Chicka8aw Bridge Company ---------------. ------------------ 237 Garland City, Ark., across Red River at or near ------------------------------------------- 140 General law in relation to bridges that do or will interfere with free and safe navigation, 3.0 ------------------------------------------------------- 195 General law, as to whether any bridges, causeways, or structures now erected or in process of erection do or will interfere with free and safe navigation.. 267 in relation to the construction, dimensions, &c., of bridges over the Great Kanawha River, West Virginia --------...---------- * * * * * * * * * * * * *s 282 Genesee River, New York, at Charlotte -----------...-------------------------- 97 Georgetown, D. C., across Potomac River ------------------------------------ 45, 51, 108, 129,246,248 across Rock Creek----------------------------------------------------- canal aqueduct across Potomac River .----------------------------. 20, 21,51, 129 across the Potomac River at the Three Sisters, above (sec. 2)............ 24 Georgia Pacific Railroad Company, across Sunflower and Tombigbee Rivers, Mississippi, at points to be se- lected by the -------------------------------------------------------- 309 Georgia Pacific Railroad Company ------------------------------------------ 309 Georgetown Potomac Bridge Company---------------------------------------- 12 Glasgow, Mo. 2 across Missouri River at or near (sec. 6)---------------------...--------- 67 across Missouri River at or near--------------------------------------- 119 Glen Mary Plantation, & across the Yazoo River, Mississippi, between mouth of the Yallabusha at . 309 Glynn County, Georgia, across Little Satella River--------------------------------------------. 152 Grand Forks County, Dakota, - across Red River of the North, between Polk or Marshall Counties, Minnesota, and Grand Forks county, Dakota -- - - - - - - - - - - - - - - - - - - - - - - 279 Grand Tower, Ill., across Mississippi River at or near ------------------------------------- 296 Grayville and Mattoon Railroad Company----------------------...------------- 69 Grayville, Ill., across Wabash River at or near---------------------------------------. 69 Great Kanawha River, West Virginia, General law in relation to the construction, dimensions, &c., of bridges over the ------------------------------------------------------------ 282 Great Rigolet, Lowisiana, New Orleans, Mobile and Chattanooga Railroad Company-...----. -- - - - 46 Guntersville, Ala., across Tennessee River at or near - - - - - - - - - - - - ------------------------- 307 - | He Hamilton, Ill., across Mississippi River (sec. 7).--------------------------------------- 41 Bancock County Bridge Company (sec. 7).----------------------------------- 41 Handsborough, Harrison Cownty, Mississippi, across Bayou Barnard in or near--------------------------------------- 274 Bannibal and Saint Joseph Railroad, (sec. 5) -------------------------------- 41 Hannibal and Southwestern Railway Company ------------------------------. 134 Hannibal and Southwestern Railway Company (sec. 6)........... ------------- 211 Hannibal, Mo., across Mississippi River (Sec. 5)---------------------------------------- 41 Harper's Ferry, W. Va., across Shenandoah River---------------------------------------------- 26, 29 1574 BR--21 322 - INDEX. Page, JBarrison County, Iowa, across Missouri River.--------------------------------------- - - - - - - - - - - 143 Harrison County, Mississippi, * At Handsborough, across Bayou Barnard, in--------------------------. 274 JHastings, Minn., across Mississippi River near -----------------------------. ------------ 197 across Mississippi River near (Sec. 9)-------------------------...----- tº º ſº tº 199 IIolliday's Cove Railroad Company.----------------------------------------. 34 PIommock Point, Maryland, across Synepuxent Bay------------------------------------------------ 118 Hopefield, Ark., across Mississippi River near ---------------------. -------------------- 202 JHoustom County, Minnesota, across Mississippi River (Sec. 8). -- . ------------------------------------ 75 across Mississippi River .---------------------------------------------- 106, 113 PHudson, Saint Croia County, Wisconsin, across Lake Saint Croix ----------------------------------------------- 78 Budson, Wis., across Saint Croix River or Lake, near---. .---------------------------- 175 Bughes County, Dakota, across Missouri River at or near Pierre - - - - - - - - - * * * * * * * * * * * * s sº ºs º gº ºn sº sº wº º ºs º 241,300 Huntsville and Birmingham Railway Company -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 307 Hyde's Ferry Turnpike, Tennessee, across Cumberland River near Nashville, between Buena Vista Ferry Turnpike and ------------------------------------------------------- 281 I. Illinois River, Within 5 miles of Columbiana, Green County, and 5 miles of Farrow- town, Calhoun County, Illinois.------------------------------------- 169 at or near Lacon, Ill -------------------------------------------------- 217 Illinois and Saint Louis Bridge Company------------------------------------. 49 International Bridge and Tramway Company-----. --------------------------- 173 International Bridge Company - - - - - - - - - - - - - - - - - - - - - - - - as ºs ºs º gº º sº º ºs tº gº tº º tº º tº ſº gº tº gº tº º 61, 109 Interstate Rapid Transit Railway Company----------------------------------. 229 Iowa, County of, across Des Moines River at most practicable location for railroad-- - - - - - - 217 Island Number Seventy-two, across part of Mississippi River from Winona, Minn., to - - - - - - - - - - - - - - - - 306 J. Jackson County, Iowa, across Mississippi River (Sec. 7).--------------------------------------- 74 Jackson County, Missouri, across Missouri River ------------------------------------------------- 223,230 Jefferson County, Missouri, - Texas and Saint Louis Railway Company, across Arkansas River at Pine Bluff, in ------------------------------------------------------------ 140 Jeffersonville Railroad Company--------------------. ------------------------ 36 R. Ramgas and Missouri Bridge Company --------------------------------------- 48 Hansas City, Mo., across Missouri River (Sec. 10)----------------------. ------------------ 42 across Missouri River within 5 miles above and 10 miles below the pres- ent bridge at -------------------------------------------------------- • 165 across Missouri River near--------------------------------------------- 223 across Missouri River at Sibley, Jackson County, Missouri, and.----...- 286 Ransas City, Topeka and Western Railroad Company - - - - - - - - - - - - - - - - - - - - - - - - - - 188 Ransas, Kams., * across Kansas River. - - - - - - - -... • * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 229 Ransas River, - between Wyandotte and Kansas, Kans--------------------------------- 229 Raskaskia River, Illinois, Cumberland road------------------------------------------------------ 30 Reithsburg Bridge Company------------------------------------------------- 138 Reithsburg, Ill., across Mississippi River at or near------------------------------------- 138,215 INDEX. 323 * Page. Rensington and Tacony Railroad Company---------. • * * * * * * * * * * * * * * * * * * * * * - - - 222 FCeokuk and Hamilton Mississippi Bridge Company (Sec. 7) - - - - - - - - - - - - - - - - - - - - 41 FCeokuk, Iowa, across Mississippi River (Sec. 7) -...----------* * * * * * * * * * * * * * * * * * * * * * * * * * 41 across Mississippi River at or near------------------------------------- 304 Rittery, Me., to connect Seavy’s Island with navy-yard at ----...---------------------. 32 L. Lacon, Ill., across Illinois River at or near----------------------------------------- 217 La Crosse, Wis., across Mississippi River--------------------------------------------. 46, 106, 113 La Crosse Cownty, Wiscombin, across Mississippi River (Sec. 8) --------------------------------------- 75 La Fayette County, Arkansas, Texas and Saint Louis Railway Company across Red River in, &c. - - - - - 140 Lake Champlain, - at Rouse's Point ------------------------------- * * * * * * * * * * * * * * * * * * * * * * * 37 between West Alburgh, Vt., and Champlain, N. Y. -- - - - - - - - - - - - - - - - - - -. 37 from Alburgh, Vt., to Rouse's Point, N. Y-----------------------. ------ 161 at Alburgh, Vt. ------------------------------------------------------- 183 at North Hero, Vt.----------------------------------------------------- 183 Lake Erie, across channel between Lake Huron and ------------------------------ 97 Lake Huron, across channel between Lake Erie and --------------------------------- 97 across ship canal connecting Lake Superior (Sec. 3) - - - - - - - - - - - - - - - - - --. 150 Lake Ontario Shore Railroad Company--------------------------------------- 97 Lake Ponchartrain, Mississippi, where crossed by New Orleans and Northeastern Railroad - - - - - - - - - - - - -. 153 Lake Saint Croia, at Hudson, Saint Croix County, Wisconsin----------------------------. 78 between Pierce County, Wisconsin, and Washington County, Minnesota. 126 Lake Superior, across ship canal connecting Lake Huron (sec. 3) ---------------------. 150 Lake Union or Salmon Bay, Washington Territory, right to cross by Bellingham Bay Railway and Navigation Company---- 257 Lamoille Valley Eatension Railroad Company---------------------...-------- 161 Lamoille Valley Eastension Railroad Company, across Missisquoi Bay (sec. 2) ----------------------------------------- 162 Laramie, Fort, Wyo., across North Platte River --------------------------------------...----. 107 Laredo, Tex., across Rio Grande River ---------------------------------------------- 173 Law, general, as to whether any bridges, causeways, or structures now erected or in tº process of erection do or will interfere with free and safe navigation.. 267 Leavenworth Bridge Company ----------------------------------------------- 184 Leavenworth, Fort, Kans., across Missouri River ------------------------------------------------- 48, 64 Leavenworth, Kams., , , across Missouri River------------------------------------------------- 184 Lewiston, N. Y., across Niagara River near--------------------------------------------- 174 Leavington, Lake and Gulf Railroad Company ---------------------------. ---. 100 Lewington, Mo., across Missouri River at or near --------------------------------------- 100 Litchfield, Carrolton and Western Railroad Company-------------...----..... . 169 Little Falls, - * across Potomac River at or near-----------------...----------...----. 12, 24, 32, 33 Little Rock, Ark., across Arkansas River at or near-------------------------------------- 62, 83, 122 Little Rock Bridge Company ------------------------------------------------ 83 Little Rock, Pine Bluff and Arkadelphia Southwestern Railroad Company........ 102 Little Satella River, at Camden and Glynn Counties, Georgia 324 INDEX, Page. Long Bridge, between Washington, D.C., and the Virginia shore........ 6, 22,23,252,26.278,28, * 31, 33,35, 38, 60 Long Island, New York, across East River at or near Blackwell's Island and - - - - - - - - - - - - - - - - - - - - 277 Louisiana and Missouri River Railroad Company.----------------------------- 66. Louisiana, Mo., across Mississippi River ----------------------------------------------- 66. Louisville and Nashville Railroad Company - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 37 Louisiana North and South Railroad Company -- - - - - - - - - - - - - - - - - - - - - - * † tº º ºs º ºs º 293 Louisville Bridge Company -------------------------------------------- f ºs ºn is a 37 Lyme, Comm., across Connecticut River---------------------------------------------- 54 -č. * MI. Maine Shore-Line Railway Company ----------------------------------------- 158 Maverick Bridge Company -----. -------------------------------------------- 47 Marinette, Wis., across Menominee River----------------------------------------------- 265 Marion County, Oregon, across Willamette River ---------------------------------------------- 260 Marshall County, Minnesota, across Red River of the North at Grand Forks, Dak., or Polk County, Minnesota ---------------------------------------------------------- 279 Memphis, Tenn., across Mississippi River near ------------------------------------------ 202 Memphis and Charleston Railroad Company ---------------------------------- 276 Menominee, Mich., across Menominee River ---------------------------------------------- 265. Menominee River, at Menominee, Mich -------------------------------------------------- 265. at Marinette, Wis ----------------------------------------------------- 265 Mercer County Bridge Company --------------------------------------------- 138 Merom, Ind., across Wabash River at or near---------------------------------------- 125 Middletown, Comm., across Connecticut River at or near -----...----------------------------- 54 Miles City Bridge Company ------------------------------------------------- 220. Miles City, Mont., - across Yellowstone River at or near ----------------------------------- 220. Military reservation of Fort Leavenworth, Kang., across Missouri River ------------------------------------------------- 48,64 Military reservation of Fort Riley, Kang., across Republican River----------------------------------------------- 45,121 Mill Creek, Virginia, at Fort Monroe-------------------------------------------------------- 27 near Fort Monroe ----------------------------------------------------- 28 Milwaukee and Saint Paul Railway Company (Sec. 8) - - - - - - - - - - - - - - - - - - - - - ---- 75. Milwaukee and Saint Paul Railway Company - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 104,106. Minneapolis, Sault Sainte Marie and Atlantic Railway Company......... ------ 199 Minnesota, across Saint Louis River in section 17, town 49 north, of range 14 west-- 268 Missisquoy Bay, at Alburgh, Vt. -------------------------------------------------------- 162 at or near Swanton, Vt. (Sec. 2)---------------------------------------- 162 Mississippi River, general provisions relating to construction of bridges across.---- as tº e º ºs º ºs 84 at Albany, Ill--------------------------------------------------------- 44 at Alexandria, Mo. (Sec. 7) --------------------------------------------- 80. , at or near Alton, Ill----. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 209 near Brainard, Minn -----------. . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 211 at Buffalo County, Wisconsin ------------------------------------------ 306. at Burlington, Iowa (Sec. 4) ------------------------------------------- 41 at Carondelet, Mo. (Southern part of Saint Louis) -...------------------- 98, 111 at Clinton, Iowa ------------------------------------------------------ 44,207 near Clinton, Iowa. ----. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 73 at or near Clinton, Iowa ---------------------------- 84, 106, 112,113, 149, 199,207 at or near Clinton, Iowa (Sec. 4)---------------------------...----------- 105. INDEX. --> 325 Page. Mississippi River—Continued. at Davenport, Iowa.------------------------------- 50, 55, 58,90, 115, 131,204,205 at Dubuque, Iowa (sec.9) ------------...--------- & us e s - is as s - - - - - - - - - - - - - - - 42 at or near Dubuque, Iowa --------------------------------------------- 112 at Dubuque, Iowa .----. as sº us sº sm & & sº as as º ºs e º sº, sº as sº * * * * * * * * * * * * * * * * * * * * * * * * * * * * 174 near Dubuque, Iowa ---------------------------- sº gº º ºs º º ºs º º º sº ºn tº º is º as dº is º is s 251 between Dubuque, Iowa, and East Dubuque, Ill.----------------------. 253 between East Dubuque, Ill., and Dubuque, Iowa ----------------------- 274 at Dunleith, Ill. (Sec. 9).----------------------------------------------- 42 at East Saint Louis, Ill. (Sec. 11) ----------------------- & ſº dº º ſº º & ºr sº tº º º sº e s tº 42 at East Saint Louis---------------------------------------------------- 49 tubular or submerged bridge at East Saint Louis, Ill --------------`-- - - - 43 at Fort Madison, Iowa ------------------------------------------------ 81 at or near Fort Madison, Iowa----------------------------------------- 304 at or near Fort Snelling, Minn.----------------------------- e ºf ſº sº dº & As sº sº gº º ſº 121 at or near Grand Tower, Ill-------------------------------------------- • 296 at Hamilton, Ill. (Sec. 7).--------- * * * sº gº is as ºs º gº º ºs sº º sº gº º sº sº º we sº se s is sº as * * * is s as as as tº & 41 at Hannibal, Mo. (Sec. 5) ---------------------------------------------- 41 between Hastings and Red Wing, Minn.------------------------------- 197 between Hastings and Saint Paul, Minn. (Sec. 9)------------------------ 199 at or near Keithsburg, Ill --------------------------------------------- 138,215 at Keokuk, Iowa (sec. 7).--------------------------------------------- 41 at or near Keokuk, Iowa ---------------------------------------------- 304 at La Crosse, Wis----------------------------------------------------- . 46 between La Crosse County, Wisconsin, and Houston County, Minnesota 5 (sec. 8) -------------------------------- ---------------------------- 7 between the county of La Crosse, Wisconsin, and the county of Houston, Minnesota ---------------------------------------------------------- 106, 113 at Louisiana, Mo. ----------------------------------------- * * * * * tº & sm is ſº º Lº 66 near Memphis, Tenn., to or near Hopefield, Ark-----------------------. 202 at Moline, Ill -------------- tº gº º sº gº º ºs º ºs sº sº we º 'º º ºs sº gº º $ tº sº º me º ſº e s tº º sº s º is sº * * * * * * * * 90,295 at Muscatine, Iowa (sec. 6)-------------------------------------------- 74 at or near New Boston, Ill--------------------------------------------- 148 at North McGregor Iowa (Sec. 6)--------------------------------------- 41 at North McGregor, Iowa --------------------------------------------- 104 at Prairie du Chien, Wis. (Sec. 6) -----. --------------------------...----. 41 at Prairie du Chien, Wis---------------------------------------------- 104,132 at Quincy, Ill--------------------------------------------------------- 40, 79 , between Read’s Landing, Minnesota, and Wabasha, Wis., below mouth of Chippewa River-------------------------------------------------. 132 at Red Wing, Minn --------------------------------------------------- 90, 232 at Rock Island, Ill---- - - - - - 39, 44, 50, 51, 55, 58,66, 68, 85,90, 103, 107, 110, 115°, 118, 121, 124, 128–1312, 157, 171, 197,204, 205, 2092,267,295 at Sabula, Iowa (Sec. 7) ------------------------------------------. ---- 74 at Saint Cloud, Minn.-------------------------------------------------- 196 at Saint Louis, Mo. (Sec. 11).------------------------------------------ 42 at Saint Louis, Mo ---------------------------------------------------- 43, 49 between Saint Louis, Mo., and East Saint Louis, Ill. - - - - - - - - - - - - - - - 42, 43,49, 111 examining and reporting upon construction of all railroad bridges across, between Saint Paul, Minn., and Saint Louis, Mo. ----- - - - - - - - - - - - - - - - 38 between southern part of city of Saint Louis, Mo. (Carondelet), to Saint Clair County, Illinois.------------------------------------------------ 98–111 ... between the counties of Carroll and Whitesides, in the State of Illinois, and the counties of Jackson and Clinton, in the State of Iowa (sec. 7). 74 between Saint Louis Bridge, known as Eads Bridge, Saint Clair County, Illinois, and mouth of the Missouri River - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 270 at Saint Paul, Minn ---------------------------------------------------- 190 sheer booms upon all bridges across------------------------------------ 111 *ged tubular bridge between Saint Louis, Mo., and East Saint Louis, * = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 43 at Victory, Wis ---------------------- tº sº ºn º ºs º is sº º sº a sm º ºs e º ºs ºs e º 'º gº gº & º º gº º sº gº º º º 159 at Warsaw, Ill. (Sec. 7)------------------------------------------------ 80 at Winona, Minn. (sec. 8) -- - - - - - - - ,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42 between La Crosse County, Wisconsin, and Houston County, Minnesota.75, 106, 113 at Winona, Minn------------------------------------------------------ 219, 306 Mississippi Submerged Tubular Bridge Company - - - - - - - - - - - - - - - - -------------- 43 M388issippi Water-Power and Boom Company - - - - - - - - - - - - - - - ------------------ 211 Missouri and other rivers, general provisions for bridging by the Union Pacific and Central Pacific railroads, &c.------------------------------------------------------ 36 326 4. INDEX. Page. Missouri River, at or near Arrow Rock, Mo -------------------------------------------- 134,211 near Atchison, Kans. ------------------------------------------------- 238 between Boonville, Mo., and Franklin, Mo.......... -------------------. 76 at Brownville, Nebr--------------------------------------------------- 88 near or in the vicinity of Chamberlain, Dak. -- - - - - - - - - - - - - - - - - - - - - - - - - - 242 at or near Council Bluffs, Iowa- - - - - - - - - -. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 66 in the counties of Clay or Jackson, or of Clay or Platte, Missouri, and the county of Wyandotte, Kansas.--------------------------, -----------. 230 between north and south line of Douglas County, Nebraska - - - - - - - - - - - - - 177 near military reservation of Fort Leavenworth, Kans- - - - - - - - - - ---. -- - - - 48 at Fort Leavenworth, Kans., upon military reservation of...... ---. ---. 64 at Franklin, Mo ------------------------------------------------------- 76 at or near Glasgow, Mo. (Sec. 6) --------------------------------------. 67 at or near Glasgow, Mo------------------------------------------------ 119 at Kansas City, Mo. (see: 10) ------------------------------------------ :42 near Kansas City, Mo.------------------------------------------------- 223 between Kansas City and Sibley, Jackson County, Missouri---- - - - - - - - - - 286 wº 5 miles above and 10 miles below the present bridge at Kansas 165 ity---------------------------------------------------------------- at Leavenworth, Kans------------------------------------------------. 184 at or near Lexington, Mo.--------------------------------------------- 100 at Nebraska City, Nebr---------, -------------------------------------- 86, 113 at or near Omaha, Nebr------------------. * * * * * * * * * * * * * * e = * * * * * * * * * * * * 66 between Omaha, Nebr., and Council Bluffs, Iowa ---...--- s tº tº º º ºs º º ſº dº º ºr ſº º 288 at or near Pierre, Dak------------------...------------------------- * * * * 240 at or near Peirre, Hughes County, Dakota - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 300 between north and South lines of Pottawattamie County, Iowa - - - - - - - - - 227 near Rulo, Nebr------------------------------------, ----------------- 179 near Saint Charles, Mo. -- - - - - - - - - - - - - - •w sº me as º ºs e º sº sº º ºs ºs º ºs e s tº as sº ºn s sº º sº º sº sº * * * 136 near mouth of the Femme Osage Creek and Saint Charles, Mo.--------- 233 at Saint Joseph, Mo. (Sec. 6) ------------------------------------------ 49 3t or near Saint Joseph, Mo.-------------------------------------- 64,71, 75,249 near Saline City, Mo -------------------------------------------------- 235 at or near Sibley, Mo----------------...---------. ---------------------- 188 at or near Sioux City, Iowa ------------------------------------------- 116 between Washington County, Nebraska, and Harrison County, Iowa--- 143 Sioux City and Pacific Railroad Company across. -- - - - - - - - - - - - - - - - - - - - - 143 near White Cloud, Kans----------------...----------------------------- 193 within 5 miles east and 5 miles west of Yankton, Dak. - - - - - - - - - - - - - - - - - 302 Missouri River, mouth of, across Mississippi River, between Saint Louis or Eads bridge and - ...----. 270 JMobile and Montgomery Railroad Company - - - - - - - - - - - - -...-------------. ------ 94 Mobile River and other navigable streams tributary to Mobile Bay, Mobile and Montgomery Railroad Company - - - - - - - - - - - - - - - - - - - - - - - - - - - - 94 Moline bridge, + across Mississippi River ----------. ------------------------------------ 295 Moline, Ill., across Mississippi River----------------------------------------------- 90 Moline, Rock Island and Southern Railroad - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 205 Monroe County, Arkansas, across White River, near Clarendon, in -------------, ------------------ 140 Monroe County, New York, across Genesee River.------------------------------------------------- 97 Monroe, Fort, Va., across Mill Creek at--------------------------------------------------- 27, 28 Montgomery, Ala., across Alabama River above (Sec. 2) ----------------------------------- 60 Montgomery County, Georgia, across Oconee River--------------------------------------------------- 167 Mount Elba, Ark., across Saline River at or near-------------...---------------------------- 140 Mount Vermon and Grayville Railroad Company... -- - - - - - - - - - - - - - - - - - - - - - - - - - - 69 Mw8catime, Iowa, across Mississippi River (Sec. 6) --------------------------------------- 74 Muscatime Western Railroad Company (Sec. 6). - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 74 Muscogee County, Georgia, - across Chattahoochee River-------------------------------------------- 167 Mussel Shoals Canal, across Tennessee River at or near the foot of.-- - - - - - - - - - - - - - - - - - - ----. 311 N. Page Nashville, Jackson and Memphis Railroad Company------------...------------- 225 Nashville, Tenn., across Cumberland River---------------------------------------------- 182 across Cumberland River, between Hydes Ferry and Buena Vista Ferry Turnpike ----------------------------------------------------------- 281 Nassau County, Florida, across Saint Mary's River --------------------------------------------- 152 Navigable Rivers, t bridges over, obstructing free and safe navigation, &c. ---------...----- 195,267 Navy-yard, at Brooklyn, N. Y., across mill-pond and marsh ------------------------ 5 at Kittery, Me., to connect Seavy’s Island with - - - - - - - - - - - - - - - - - - - - - - - - 32 at Norfolk, Va., across Southern Branch of Elizabeth River, between dry- dock and ------------------------------------------- ---------------- 21 Navy-yard at Washington, D. C., *. across Eastern Branch of Potomac River at or near -...-- 14, 15, 30, 31, 32, 105, 111 Navy-yard Bridge Company (sec. 2). -----------------...----------- • uſe º sº ºr tº dº sº º sº. 16 INew Boston, Ill, across Mississippi River at or near------------------------------------- 148 Nebraska Central Railway Company. ---------------------------. tº º tº sº, ºr * * * * * * * 177 Nebraska City Bridge Company--------...------------------------------------ 86, 113 Nebraska City, Nebr., across Missouri River-------------------------------------------------- 86, 113 Newburyport, Mass., Plumb Island Bridge and Turnpike Company--- - - - - - - - - - - - - - - - - - - - - - - - 29 New Haven, Middletown and Willimantic Railroad Company- - - - - - - - - - - - - - - - - - 53 New Jersey to Richmond County, New York, across Staten Island Sound, or Arthur Kill----------------------------- 245 New Orleans, Mobile and Chattanooga Railroad Company, general provisions for bridging East Pascagoula River and other navi- gable waters-------------------------------------------------------- 46 New Orleans and Northeastern Railroad Company. ----...---------------------- 153 Newport and Cincinnati Bridge Company------------------------------------. 56,63 Newport, Ky., across Ohio River----------------------------------------------------- 56.68 New York Bridge Company------------------------------------------------- 55 New York and Canada Bridge Company ------------------------------------- 156 New York City, N. Y., across East River ------------------------- - * * * * * * * * * * * * * * * * * * * * * * *s ºr * * * 55 New York and Council Bluffs Railway Company.--------------------------. 215, 217,227 New York and Long Island Bridge Company --...--- * º tº sº sº tº tº gº as sº gº tº as sº tº º sº º tº ſº º 'º tº gº sº º 277 New York, N. Y., * across East River at Long Island, at or near Blackwell's Island, and ---. 277 New York, Providence and Boston Railroad Company.-----------...----------- 163 Niagara River, at Buffalo, N. Y------------------------------------------------------- 61 at Buffalo, N. Y., declared a post-route.---- -------------...------------- 109 not to be located South of Squaw Island, across------------------------ 61 from a point on right bank between the Falls and the mountain ridge above Lewiston to a point in Canada.----...------------------. -----. 174 at Tonawanda, N. Y--------------------------------------------------. 193 Niagara River Bridge Company---------------------------. ------------------ 174 Nooksack River, in Whatcom County, Washington Territory.-- - - - - - - - - - - - - - - - - - - - - - - - - - 256 Worfolk Bridge Company --------------------------------------------------- 21 Norfolk, Va., across Southern Branch of Elizabeth River, between navy-yard and dry- dock at------------------------------------------------------------- 21 Northern Pacific Railroad Company------------------------------------------ 95 North Hero, Vt., 8. across Lake Champlain.----------------------------------------------- 183 North McGregor, Iowa, across Mississippi River (Sec. 6).----------------------...-------------- 41 across Mississippi River----------------------------------------------- 104 North Platte River, at Fort Laramie, Wyo. Ter -----...------------------------------------- 107 Nueva Laredo, Mexico, across Rio Grande River.-------------------------------------------- 173 328 INDEX. O. Page 00ean City Bridge Company.-------------------------------------. ---------- 118 Ocean City, Md., across Synepuxent Bay----------------------------------------------- 118 Ocmulgee River, - in Pulaski County, Georgia ------------------...------------------------ 167 Oconee River, in Montgomery County, Georgia.-------------------------------------- 167 Ogdensburg and Lake Champlain Railroad ----------------------------------- 37, 161 Ogeechee River, in Chatham County, Georgia.----------------------------------------- 167 Ohio River, general provisions for all bridges above and below the mouth of the Big Sandy -------------------------------------------------------------- 159 at Bridgeport, Ohio ----------------------------------------- -------- 31 at Cincinnati, Ohio, and Covington, Ky.------------------------------- 37 at Cincinnati, Ohio, and Newport, Ky.----. ---------------------------. , 56,68 at Covington, Ky., and Cincinnati, Ohio.----------. ------------------- 37 between Covington, Ky., and Cincinnati, Ohio ----------------------. -- 244 general provisions for all bridges below the Covington and Cincinnati suspension bridge--------------------------------------------------- 92, 159 at head of the falls --------------------------------------------------- 36 at Newport, Ky., and Cincinnati, Ohio.------------------------------. 56 Newport, Ky., and Cincinnati, Ohio. ----------...--- ‘- - - - - - - - - - - - - - - - - - - - 68 at Paducah, Ky ------------------------------ ------------------------- 57 at Paducah, Ky. (Sec. 8).----------------- s— e º me age s tº * * * * * * * * * * * * * * * * * * * * * * 94 at Steubenville, Ohio ------------------------------------------------- 34 at Wheeling, W. Va.-------------------------------------------------- 31, 92 board of engineers to examine, &c., all bridges erected or in process of erection across---------------------------------- ------------------- 64 general provisions for all bridges above mouth of the Big Sandy - - - - - - - - 34 general provisions for the erection of bridges above mouth of the Big Sandy-------------------------------------------------------------- 92 general provisions for the erection of bridges below mouth of the Big Sandy-------------------------------------------------------------- 92 Ohio Valley Railway Company---------------, ------------------------------ 263,273 Ohio Valley Railway Company, across the Tradewater River, Kentucky, at such point as the company may deem most suitable. -- - - - - - - - - - - - * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 273 Omaha and Council Bluffs Railway and Bridge Company. -- - - - - - - - - - - - - - - - - - - - 288 Omaha, Nebr., * across Missouri River at or near---------------------------------------- 66 across Missouri River between Council Bluffs, Iowa, and ---------...----- 288 Oregon and California Railroad Company. - - - - - - - - - sº tº ºne º º ºs º gº tº gº º ºs e º ºs º ºs º & ſº tº º & © tº ſº 109 Oregon Central Railroad Company------------------------------------------- 109 Oregon City, Oreg., across Willamette River, south of, at some selected point - - - - - - - - - - - - - - - 258 across Willamette River near Ray’s Landing, south of.----. -- - - - - - - - - - - 261 Oregonian Railway Bridge Company. --------------------------...----, -------- 261 Oregon Pacific Railroad Company-------------------------------------------- 186 Ottawa, Waddington and New York Railway and Bridge Company (sec. 4) -- - - - - - 157 Ouachita River, at or near Arkadelphia, Ark------------------------------------------- 102 at or near Camden, Ark----------------------------------------------- 140 Texas and Saint Louis Railway Company across---------. --------- - - - - 140 P. Paducah and Gulf Railroad Company---------------------------------------- 57 Paducah, Ky., across Ohio River----------------------------------------------------- 57 across Ohio River (Sec. 8).----. ---------------------------------------- 94 Paso del Norte, Mexico, across Rio Grande River----------------------------------------------- 155 Peoria and Farmington Railroad Company----------------------------------- 138 Perry County, Tennessee, across Tennessee River------------------------------------------------ 225 Philadelphia, Pa., * across Delaware River------------------------------------------------- 59 across Delaware River, declared a post route... ---------. ---------------- 61 INDEX. 329 Page, Piedras Negras, Mexico, across Rio Grande River----------------------------------------------- 172 Pierce County, Wisconsin, across Lake Saint Croix----------------------------------------------- 126 Pierre, Dak., - across Missouri River at or near--------------------------------------- 240, 300 Pike County and Great Western railroads (sec. 5)-------...-------------------- 41 Pine Bluff, Ark., across Arkansas River near-------------------------------------------- 140 Platte County, Missouri, .” across Missouri River-------------------------------------------------- 230 Plumb Island Bridge and Turnpike Company, of Newburyport, Mass.---------- 29 Polk County, Minnesota, across Red River of the North at Grand Forks, Dak., or Marshall County, Minnesota, and ------------------------------------------------------ 279 across Red River of the North between Dakota Territory and boundary line of ------------------------------------------------------------- 285 Polk County, Oregon, across Willamette River.---------------------------------------------- 260 Pontoon bridges.------------------------------------------------104,112,113, 114, 117 Portland, Oreg., w across Willamette River.----------------------------------------------- 57, 109 Posey County, Indiana, across Wabash River, between White County, Illinois, and - - - - - - - - - - - - - - 65 Potomac River, Eastern Branch of, sale of Anacostia bridge----------------------------------------------- 111 Potomac River, canal aqueduct at Georgetown, D.C.------------------------------ 20, 21, 51, 129 at the Aqueduct Bridge ------------------------------- 246 at Georgetown, D. C. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20, 21, 45, 108, 129,246,248 at Georgetown, D. C. (Sec. 2)------------------------------------------ 52 at the Three Sisters, above Georgetown, D. C - - - - - - - - - - - - - - - - - - - - - - - - - - 247 at Chain Bridge---------------------------------------------------- 31, 107,248 at or near Little Falls--------------------------------------------- 12, 24, 32, 33 between Washington, D.C., and the Virginia shore - - - - - - 6, 22,23,252,26,272,28, 31, 33, 35, 38, 45, 60 at Washington, D.C.------------------------------------------ - * * * * - - 15, 19 • Washington City and Point Lookout Railroad to cross above navigation - 108 Potomac River, Eastern Branch of, at Washington, D.C ----------------------------, ------ 14, 15, 30, 31, 32, 105,111 Bennings Bridge------------------------------------------------ 14, 17, 30, 31, 32 above Bennings Bridge------------------------------------------------ 145 at Bennings Bridge, District of Columbia -----------------------------. 248 at the foot of Pennsylvania avenue, Washington, D. C. -----. - - - - - - - - - - - 275 Pottawattamie County, Iowa, across Missouri River between north and south lines of.-- - - - - - - - - - - - - - - 227 Prairie du Chien, Wis., across Mississippi River (Sec. 6) --------------------------------------- 41 across Mississippi River---------------------------------------- 104,132,220, 233 across Wisconsin River near ---------------------- -------------------- 175 Prairie du Chien and McGregor Railway Company. ----...--------------------- 104 Prescott, Wis., across Saint Croix River ---------------------------------------------- 213 Pulaski County, Georgia, across Ocmulgee River.--------------- ---- -------------------------- 167 Quincy, Ill., - Q aeross Mississippi River -----------------------------------. ----------- 40, 79 Quincy, Payson and Southeastern Railroad Company ---------------...--------- 125 R. Ray’8 Landing, Oregon, across Willamette River, south of Oregon City, near---- - - - - - - - - - - - - - - - - 261 Read's Landing, Minn., across Mississippi River------------------------------------------------ 131 Red River Bridge Company------------------------------------------------- 218 Red River of the North, between Polk or Marshall County, Minnesota, and Grand Forks, Dak. .. 279 between Polk County, Minnesota, and Dakota Territory.--...----...----. 285 330 INDEX. Page Red River, - at or near Alexandria, La---------------------------------------------- 293 near Brown's Ferry, Cooke County, Texas.---------------------------- 237 near Denison, Tex ---------------------------------------------------- 219 at or near Garland City, Ark.---------------------------------------- 140 Texas and Saint Louis Railway in La Fayette county, across.------...--- 140 Red Wing, Minn.,. across Mississippi River----------------------------------------------- 90,232 across Mississippi River near ------------------------------------------ 197 Red Wing Pontoon Bridge Company ... ---. --------...----------..... ---------- - 232 Republican River, at Fort Riley, Kans --------------------------------------------------- 45,121 near Fort Riley, Kans------------------------------------------------- 197 Rice's Point, Minnesota, - across Saint Louis River ---------------------------------------------- 95 Richmond County, New York, to New Jersey, across Staten Island Sound, or Arthur Kill.--...-- - - - - - - - - - - - - - - - - - - - - - - - 245 Rigolet, Great, Louisiana, New Orleans, Mobile and Chattanooga Railroad Company. -----...------. 47 Riley, Fort, Kams., across Republican River ------------------------------ - ºr - - - - - - - - - - - - - 45, 121 Rio Grande Bridge and Tramway Company ---------------------------------- 172 Rio Grande River, at Eagle Pass, Tex---------------------------------------------------- 172 at El Paso, Tex------------------------------------------------------ 5 155 at Laredo, Tex ------------------------------------------------------- 173 at Nueva Laredo, Mexico.---------------------------------------------- 173 at Paso del Norte, Mexico.-------------------------------------------- 156 at Piedras Negras, Mexico.-------------------------------------------- 172 Rock Creek, District of Columbia, between Washington and Georgetown -----------------...-------------- 13 Rock Island, Ill., across Mississippi River. -- - - - - - - - - - - - - - - - - - - - - - - - -44, 50, 55,58, 66, 68, 85,90, 103, 118, 131,204,205, 2092,267,295 Rock Island Bridge, across Mississippi River ------------------------ 39, 51,107,110, 115°, 121, 124,128, 1312, 170, 197,2092,267,295 across Mississippi River, care and preservation of- - - - - - - - - - - - - - - - - - - - - 157 Rock Island and Pacific Railroad Company ---------...----------...----------- 44, 50 Rock Island Railroad Company --------------------------------------------- 128 Rock Island and Southwestern Railway Company ----------------------------- 148 Roebuck Lake, at Glen Mary Plantation, across the Yazoo River between mouth of the Yallabusha and upper mouth of ----------------------------------------------------------- 309 Rouse's Point, N. Y., across Lake Champlain------------------------------------------------ 37, 161 Rulo, Nebr., across Missouri River, near---------. ---------------------------------- 179 S. Sabula, Ackley and Dakota Railroad Company (sec. 7).--- - - - - - - - - - - - - - - - - - - - - 74 Sabula, Iowa, across Mississippi River at -------------------------------------------- 74 Saint Augustine, Fla., across Saint Sebastian's River near -------------------...----. ---------- 17 Saint Charles, Mo., across Missouri River near-------------------- ------------------------ 136,233 Saint Clair and Carondelet Bridge Company.----...--------------------------- 98, 111 Saint Clair County, Illinois, across Mississippi River between Saint Louis or Eads bridge and mouth of the Missouri River.----------------------------------------------- 270 Saint Clair River---------------------------------------------------------- 97 Saint Clowd, Minn., across Mississippi River----------------------------------------------- 196 Saint Cloud Water-Power and Mill Company. ----. -- - - - - - - - - - - - - - - - - - - - - - - - - - 196 Saint Croia, Chippewa, and Wisconsin Rivers, amendment of act of June 12, 1884, relating to bridges across----------- 212 Saint Croia County, Wisconsin, across Saint Croix River------------------------------------------, ---- 171 INT)FX. 331 Page. Saint Croia, Lake, at Hudson, Wis ------------------------------------------------------- 78 between Pierce County, Wisconsin, and Washington County, Minnesota- 126 Saint Croix River, between Calais, Me., and Saint Stephen, New Brunswick - - - - - - - - - - - ---. 158 from some point in Saint Croix County, Wisconsin, to some point in Wash- ington County, Minnesota. ------------------------------------------- 171 between Stillwater and Taylor's Falls, Minn - - - - - - - - - - - - - - - - - - - - - - - - - - - 199 between Prescott, Wis., and Stillwater, Minn -- - - - - - - - - - - - - - - - - - - - - - - - - 213 Saint Croia River or Lake, between its mouth and Hudson, in Saint Croix County. - - - - - - - - - - - - - - - - 175 Saint Joseph and Denver City Railroad Company (sec. 6) - - - - - - - - - - - - - - - - - - - - - 49 Saint Joseph and Denver City Railroad Company - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 64 Saint Joseph and Denver City Railroad Company (sec. 5) - - - - - - - - - - - - - - - - - - - - - - 72 Saint Joseph and Denver City Railroad Company (sec. 2). ------ - - - - - - - - - ------ 76 Saint Joseph Bridge Building Company - - - - - - - - - - - - - - - - - - we as * * * * * * * * * * * * * * * * * * 71, 75. Saint Joseph, Mo., - across Missouri River (Sec. 6). -- - - ------------------------------------ 49 across Missouri River at or near - - - - - - - - - - - • * * * * * * * * * * * * * * * * * * * * * * * * * 64, 71,249 across Missouri River---------------------------------------------- as tº sº tº 75 Saint Joseph and Rio Grande Railroad Company------------------------------ 249 Saint Lawrence River, at Dundas County, Canada.-------------------------------------------- 156 at Waddington, N. Y.------------------------------------------------- 156 Saint Lowis and Illinois Bridge Company (sec. 11). --------------------------- 42 Saint Louis and Illinois Bridge Company ...----------------------------------- 49 Saint Louis or Eads bridge, across Mississippi River between mouth of Missouri River and - - - - - - - - - - 270 Saint Louis Bay, Mississippi, New Orleans, Mobile and Chattanooga Railroad Company. ------------- 46 Saint Louis, Hannibal and Keokuk Railroad Company ------------------------ 136 Saint Louis, Kansas City Short Line Railway Company ----------------------- 233,235 Saint Louis Merchants' Bridge Company.... ---------------------------------- 270,272 Saint Lowis, Mo., across Mississippi River (Sec. 11) ---------. -------...------------------- 42 across Mississippi River ----------------------...----. * * * * * * * * * * * * * * * * * * * 49 Submerged tubular bridge across Mississippi River --------------------- 43 examination and reporting upon construction of, between Saint Louis and Saint Paul----------------------------------- ----------------------- 38 Saint Louis, Mo., 8owthern part (Carondelet), across Mississippi River ----------------------------------------------- 98, 111 Saint Louis River, between Rice's Point, Minnesota, and Connor's Point, Wisconsin ------- 95 examination and report upon construction of, from to Saint Paul, Minn- 38 in section 17, township 49 north, of range 14 west, Wisconsin, to a point opposite ---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 268 in section 17, township 49 north, of range 14 west, Minnesota, to a point opposite ------------------------------------------------------------ 268 Saint Louis and San Francisco Railway Company.----...--------------, ------ 145 Sainte Marie River, at or near the rapids, Chippewa County, Michigan. -------------------- 150 Saint Mary's River, Georgia, at head of navigation ---------------------------------- a e - - - - - ºr * * * * * * 128 near Trader's Hill, Ga. ------------------------------------------------ 128 at Camden County, Georgia, and Nassau County, Florida -----. -------- 152 Saint Paul and Duluth Railroad Company. ...--------------, ---...----------- 268 Saint Paul, Minn., º examination and report upon construction of, from, to Saint Louis.----. 38 across Mississippi River.--------------------------------------------- 190 across Mississippi River near (sec. 9). -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 199 Saint Paul and Chicago Short Line Railway Company.----------------------- - 126 Saint Stephen, New Brunswick, across Saint Croix River---------------------------------------------- & 158 Saint Sebastian River, Florida, near Saint Augustine.------------------------------------------------- 17 Salem, Oreg., - aeross Willamette River.----------. -------------. --------------------- 105 across Willamette River between, and the head of navigation. -- - - - - - - - 186 * Willamette River and between Marion and Polk Counties, Oregon, 260 * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 332 INDEX, Page Saline City, Mo., across Missouri River near-------------------------------------------- *gs 235 Saline County, Missouri, across Missouri River near Arrow Rock in - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 134 Saline River, at or near Mount Elba, Ark-------------------------------------------- 140 Texas and Saint Louis Railway Company across ...----...---------------- 140 Satilla River, in Camden County, Georgia (Sec. 2) ------------------------------------ 152 Sault Sainte Marie Bridge Company ----------------------------------------- 150 Sault Sainte Marie Bridge Company, over ship canal connecting Lakes Huron and Superior...... ------------ 150 Savannah and Pacific Short Line Railway Company ...----------- - - - - - - - - - - - - - - - 167 Scarborough, Me., across Dunstan River at or above the Steep banks.------ - - - - - - - - - - - - - - - - 81 Seavy’s Island Bridge Company, to connect Seavy’s Island with navy-yard at Kittery, Me - - - - - - - - - - - - - - - 32 Selma, Ala. across Alabama River near -------------------------------------------- 59 Sheer booms, upon all bridges across Mississippi River.----...----...----------------- 111 Sheffield, Ala., across Tennessee River at or near - - - - - - - - - - - - - - - - - - - ------------------- 298 Sheffield Land, Iron, and Coal Company of Alabama. ----------. --------------- 298 Shenandoah Bridge Company, at Harper's Ferry, W. Va.---------------------------------------------- 26 shenandoah Bridge Company------------------------------------------------ 29 Shenandoah River, at Harper's Ferry, W. Va.---------------------------------------------- 26, 29 Ship canal, Connecting Lakes Huron and Superior across by Sault Sainte Marie Bridge Company (Sec. 3).--------------------------------------------- 150 AShore Line Railway Company.----------------------------------------------- 54 Sibley, Mo., across Missouri River at or near---------------------------------------- 188 across Missouri River at Kansas City, Jackson County, Missouri, and - - - 286 Sioua: City and Pacific Railroad Company------------------------------------ 143,144 Słowa City Bridge Company. ------------------------------------------------ 116 Sioua: City, Iowa, y across Missouri River at or near --------------------------------------- 116 Skagit County, Washington Territory, across Skagit River --------------------------------------------------- 256 Skagit River, in Skagit County, Washington Territory - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 256 Skipanon Creek, in Clatsop County, Oregon -------------------------------- .- - - - - - - - - - - - 264 Smelling, Fort, Minn., across Mississippi River ----------------------------------------------- 121 Snohomish County, Washington Territory, - across Snohomish River ----------------------------------------------- 256 across Stillaquamish River -------------------------------------------- 256 Snohomish River, in Snohomish County, Washington Territory - - - - - - - - - - - - - - - - - - - - - - - - - - - 256 Sowth and North Alabama Railroad Company (Sec. 2). -- - - - - - - - - - - - - - - - - - - - - - - - 60 Southern Branch of Elizabeth River, Virginia, between navy-yard and dry-dock at Norfolk------ - - - - - - - - - - - - - - - - - - - - - - 21 Southern Maryland Railroad Company------------------------------- - - - - - - - 145 Southern Minnesota Railroad Company. -------------------------------------- 46 Springfield and New London Railroad Company.... -----...-------------------- 126 Springfield, Mass., across Water Shop Pond, so called.----...----. -------...----------------. 126 Squaw Island, not to be located across Niagara River, South of.----------------------. 61 Statem Island Rapid Transit Railroad Company - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 245 Staten Island Sound, or Arthur Kill, from New Jersey to Richmond County/New York ---------------------- 245 Stewbenville and Indiana Railroad Company - - - - - - - - - - - - - - -...--- * - - - - - - - - - - - - 34 Steubenville, Ohio, - across Ohio River -------------------------------------- * gº ºn tº gº tº sº º tº gº º ºs º gº º 34 INDEX. 333 Stewart County, Georgia, across Chattahoochee River ------------,------------ * * * * * * * * ºr º º ſº º ºs ºf ºr * > Stielaquamish River, in Snohomish County, Washington Territory.-------------------------- Stillwater, Minn., across Saint Croix River near------------------------------------------ across Saint Croix River----------------------------------------------- Submerged tubular bridge, across Mississippi River between Saint Louis, Mo., and East Saint Louis, Ill.----------------------------------------------------------------- Sunflower River, at some point to be selected by Georgia Pacific Railroad Company.----- Suspension Bridge, at Covington, Ky., and Cincinnati, Ohio ------------------------------- Swanton, Vt., & * * across Missisquoy Bay (sec. 2).---------------------------------------- Synepua:ent Bay, Maryland, from Hommock Point to Ocean City, Md.------------------------------ T. Talladega and Coosa Valley Railroad Company of Alabama - - - - - - - - - - - - - - - - - - - Taylor's Falls, Minn., across Saint Croix River near----------------------------------- * “º º tº º e Tennessee and Arkansas Bridge Company------------------------------------- Tennessee Bridge Company, across Tennessee River ------------------------------------------------ Tennessee Construction and Contracting Company. ---------------------------- Tennessee River, at any point below Aurora, Ky ---------------------------------------- at or near Chattanooga, Tenn ----------------------------------------- at some point in the counties of Perry and Decatur, Tennessee - - - - - - - - - at or near Guntersville, Ala ---------------------------------------- -- at or near the foot of Mussel Shoals Canal.... -----. * * * * ºn tº * * * * * * * * * gº º ºr tº at or near Sheffield, Ala ----------------------------------------------- Texas and Saint Louis Railway Company ------------------------------------ Thames River, not below Winthrop's Point, Connecticut.------------------------------ Three Sisters, across the Potomac River at, above Georgetown, D.C. (sec. 2).--------- Tombigbee Railroad Company----------------------------------------------- Tombigbee River, at some point to be selected by Georgia Pacific Railroad Company -----. at or near Columbus, Miss--------------------------------------------- Tonawanda Island Bridge Company ----------------------------------------- Tonawanda, N. Y., across Niagara River-------------------------------------------------- Township Fourteen, Alabama, across Coosa River near Coosa Land District and ---------- - - - - - - - - - - - - Township Seventeen, Alabama, across Coosa River in Coosa Land District and ------------------------. Trader's Hill, Ga., across Saint Mary’s River near ---------------------------------------- Tradewater River, at such point as the Ohio Valley Railway Company may deem suitable, Kentucky ---------------------------------------------------------- U. Union Pacific Railroad, general provisions for bridging the Missouri and other rivers.---------- Union Pacific Railroad Company-------------------------------------------- United States arsenal grounds, right of way across, at Bridesburg, Pa. --------------------------------. Upper Iowa and Mississippi River Railway Company.----...---------...--...--- Upper Iowa River, * across Mississippi River between mouth of, and Victory, Wis........... Page. 167 256 199 213 43 309 244 162 118 292 199 202 311 202 263 276 307 311 140 163 247 310 309 310 193 193 290 292 128 273 36 66 159 159 334 INDEX. We Page. Van Buren, Ark., across Arkansas River.------------------------------ • * * * * * * * * * * 'w ºn e º ºs s a 145 Vermont and Canada Railroad Company. - - - - - - - - - - - - - - - - - - - - - - - - - * - * - tº * * * * * * 37 Vermont and Canada Railroad, across Lake Champlain (sec. 2).--------------------------------------- 162 Victory, Wis., across Mississippi River ----------------------------------- - - - - - - - - - - - - 159 Willage of Black River, Ohio, across Black River---------------------------------------------------- 47 W. Wabasha, Wis., across Mississippi River, below mouth of Chippewa River ...-----------. 131 Wabash River, between White County, Illinois, and Posey County, Indiana -----------. 65 at or near Grayville, Ill., or Webb's Ferry, Illinois - - - - - - - - - - - - - - - - - - - - - 69 at or near Merom, Ind- - - - - - - - * * * * * * * * * - - - - - tº se sº e º 'º - - - - - sº tºº & gº ºn tº tº - - - - -s º º tº * 125 Wabash, Saint Louis and Pacific Railway.--------- - - - - - - - - - - - - - - - - - - - - ------ 223 Waddington, N. Y., across Saint Lawrence River ------------------------------------------ 156 Warsaw and Alexandria Bridge Company (Sec. 7.) ---------------------------- 80 Warsaw, Ill., across Mississippi River (sec. 7).--------------------------------------- 80 Washington Bridge Company (sec. 2) --------------------...-------------, ---. 6, 19 Washington Bridge Company------------------------------------------------ 15, 22, 24 Washington City and Point Lookout Railroad Company. - - - - - - - - - - - - - - - - - - - - - - - Washington County, Minnesota, across Lake Saint Croix. ----...----- • * * * * * * * * * * * * * * * * * * * * * * * *e - * * * * * * * * * 126 across Saint Croix River.-----------------. ** * * * * * * * * * * * * * * * * * * * * * * * * * * * 171 Washington County, Nebraska, across Missouri River.-------------------------* * * * * * * * * * * * * * * * * * * * * * * * * 143 Washington, D. C., across Anacostia River.--------------------------------- 14, 15, 30, 31, 32, 105, 111 across Eastern Branch of the Potomac River at the foot of Pennsylvania aV&D (19 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 275 across Potomac River.--.6, 15, 19, 21, 22, 23, 24, 25°, 26, 27°, 28, 32, 33, 35, 38, 45,60 across Rock Creek 13 Water Shop Pond, - at Springfield, Mass--------------------------------------------------- 126 * * * * * * * * * * * * * * * * * * * * * * * * * = * * * * * * * * * * * * * * * * * * * * * * * * * * * Waycross and Florida Railway Company------------------------------------- 128 Webb's Ferry, Ill, across Wabash River at or near.--------------------------------------- 69 West Alburgh, Vt., across Lake Champlain------------------------------------------------ 37 Western lllinois Bridge Company...... ... --. .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 79 West rm Railroad Company of Alabama.----------...------------...----...----. 59 Western Union Railroad Company (sec. 7) ------------...---------...--...--- 74 West Pearl River, Mississippi, w where crossed by New Orleans and Northeastern Railroad.... --- - - - - - - - 153 West Wisconsin Railway Company. ----...--------------------...------------- 78 Whatcom County, Washington Territory, across Nooksack River------------------------------------------------- 256 Wheeling and Belmont Bridge Company (sec. 7)-------------...----...-------. 31 Wheeling, W. Va., * º across Ohio River ----------------------------------------------------- 31, 92 White Cloud, Kang., across Missouri River........ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 193 White Cownty, Illinois, across Wabash River, between Posey County, Indiana, and - - - - - - - - - - - - - 65 Whitesides County, Illinois, across Mississippi River (Sec. 7)...-------------------------------------- 74 White River, near Clarendon, Ark--------------------------------------------------- 140 Texas and Saint Louis Railway near Clarenden, across.----............ 140 Wiggins Ferry Company (Sec. 4)-------------------------------------. ------ 43 INDEX. Willamette River, at Portland, Oreg----------------------------------------------------- at Salem, Oreg-------------------------------------------------------- between Salem, Oreg., and the head of navigation on Same-------------- south of Oregon City and near Ray's Landing, Oregon.----------------- south of Oregon City, Oreg., at some selected point--------------------- opposite Salem, Oreg., and between Marion and Polk Counties, Oregon -- Winona, Alma and Northern Railway Company ------------------------------ Winona and Saint Peter Railroad Company (sec. 8) - - - - - - - - - - - - - - - - - - - - - - - - - - - Winona, Minn., across Mississippi River (sec. 8).--------------------------------------- across Mississippi River.----------- as as gº sº ºne º is sº º Aº nº s tº º ºr sº sº & º ºs º ºs º º sº as as * * * * * * * g e across Mississippi River to Buffalo County, Wisconsin -----------...----. Winona Ponton Bridge Company. - - - - - - - - - - - - - - - - ... & sº tº ºr sº tº ºn g is sº gº tº sº gº sº º ºs ºf e º ºs e º º ºs Winthrop's Point, Connecticut, * across Thames River, not below -------------------------------------. * Wisconsin, Chippewa, and Saint Croia Rivers, amendment of act of June 12, 1884, relating to bridges across -- - - - - - - - - - - Wisconsin River, wº near Prairie du Chien, Wis -------------------------------------------- Wisconsin, across Saint Louis River, in section 17, township 49 north, of range 14 West --------------------------------------------------------------- Wyandotte, Kams., across Kansas River.-------------------------------------------------- Wyandotte County, Kansas, across Missouri River-------------------------------------------------- Y. Yallabusha River, across Yazoo River, between mouth of Yallabusha and Glen Mary Planta- tion ---------------------------------------------------------------- Yankton, Dak., Ç across Missouri River within 5 miles east and 5 miles west of - - - - - - - - - - - Yankton and Missouri Valley Railway Company---------- - - - - ---------------- Yazoo River, between mouth of the Yallabusha, on the north, and upper mouth of Roe- buck Lake, at Glen Mary Plantation, on the south.------------------- Yellowstone River, at or near Miles City, Mont. Ter-----------------...--------------------- Young's Bay, in Clatsop County, Oregon, at such point as said county may select..... O 260 175, 212 42 42 220 306 219 163 212 175 268 229 230 309 302 309 220 264 **~~~~~~.. ******~~~~~~~~...~ *** ****-*—- “... ^ - - * - - - 3- *. III