SEC. 2. That any bridge constructed under this act shall be built Secretary of War to and located under and subject to such regulations for the security of approve plans, etc. 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 examination 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, and 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 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 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 the Secretary of War 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 the revocation or modification by law whenever the public good shall, in the judgment of the Secretary of War, so require, without any expense or charge to the United States; and in case of any litigation 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 Texas or Arkansas, in whose jurisdiction any portion of said bridge may be located. Unobstructed navi gation. SEC. 3. That Congress reserves the right to alter, amend, or repeal Amendment, etc. this act at any time; and that if at any time navigation of the said river shall in any manner be obstructed 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 company to make such change or improvements, the said company fails to do so, the Secretary of War shall have the authority to make the same, and all the rights conferred by this act shall be forfeited; and the Secretary of War shall have power to do any and all things necessary to secure the free navigation of the river. SEC. 4. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, June 29, 1888. Commencement and completion. CHAP. 498.-An act to authorize the construction of a bridge across Trail Creek, in the city of Michigan City, Indiana. June 29, 1888. Michigan City. Ind., may bridge Trail 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 is hereby, granted to the city of Michigan City, a Creek. corporation duly organized under the laws of the State of Indiana, to construct, use, operate, and maintain a swing-bridge, with the necessary appurtenances, across Trail Creek, at the intersection of Franklin street in the city of Michigan City with said creek, for Provisos. approve plans, etc. the passage of foot-passengers, animais, and vehicles of all kinds: Provided, That the plans and specifications, with the necessary Secretary of War to drawings of said bridge shall be submitted to the Secretary of War for his approval; and until he approves the plan and location of said bridge it shall not be commenced; and should any change be made in the plan of said bridge during the progress of the work thereon such change shall likewise be subject to the approval of the Secretary of War; and said bridge shall be constructed in accordance with the plans and specifications as approved: Provided, also, That Unobstructed navi- no bridge shall be commenced under authority of this act until the Secretary of War shall have certified in writing that in his opinion the construction and maintenance of such bridge will not at any time substantially or materially obstruct the ordinary navigation of the said creek: Provided also, That if tolls shall be collected for passage or transportation across said bridge, the rates thereof shall be subject to the approval of the Secretary of War, who shall have power to fix said rates at reasonable amounts. gation. Tolls. Commencement and completion. Amendment, etc. SEC. 2. That if the construction of the bridge hereby authorized shall not be commenced within one year from the time this act takes effect, and be completed within three years after its commencement, then this act shall be void, and all rights hereby conferred shall cease and determine. SEC. 3. That the right to alter, amend, or repeal this act so as to prevent or remove any material obstructions to the navigation of said creek, and so as to enforce any of the conditions of this act, is hereby expressly reserved; and any change needful to prevent or remove any such material obstructions shall be made at the exonse of said city of Michigan City. Approved, June 29, 1888. June 29, 1888. Duluth, Rainy Lake River and Southwest ern Railway Company may bridge Red River of the North, Min nesota and Dakota. CHAP. 499.-An act authorizing the construction of a bridge across the Red River of the North by the Duluth Rainy Lake River and Southwestern Railway Company, 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, Rainy Lake River and Southwestern Railroad Company, a corporation existing under the laws of the State of Minnesota, and to its successors and assigns, to construct and maintain a pivot draw-bridge, and approaches thereto, across the Red River of the North, between the State of Minnesota and the Territory of Dakota, at such point on said river, on the boundary-line between Marshal County or Kittson County, in the State of Minnesota, and the Territory of Dakota, as may accommodate the lines of railRailway.wagon, and road 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 of the said corporation, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for reasonable tolls to be fixed by the Secretary of War; and the Secretary of War shall have the right, from time to time to revise such tolls. foot bridge. Draw. SEC. 2. That the bridge authorized by this act shall be constructed as a pivot-draw-bridge, with a draw over the main channel at an accessible and the best navigable point, and with spans giving a clear width of 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 the bottom chord of said bridge shall not be of less elevation than one foot above the plane of the highest known flood at the locality; and provision shall also be made 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 direction of the current of said river. And said corporation shall provide, at its own expense, such sheer-booms, guide-piers, and other devices as may be necessary to facilitate the safe passage of boats or other water-craft through the spans of said bridge: Provided, That the draw of said bridge shall be opened promptly upon reasonable signals for the passage of boats or vessels; and 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. 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 Secretary of War shall prescribe; and to secure that object the said company 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 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 during the progress of construction thereof, such change shall be subject to the approval of the Secretary of War; and no such change shall be made until so approved. Opening draw. Lights, etc. Secretary of War to approve plans, etc. Other companies may use. SEC. 3. That all railroad companies desiring the use of the bridge constructed under this act shall have and be entitled 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 reasonable compensation for such use, to be fixed by the Secretary of War, in case the owner or owners of the said bridge and the several railway companies, or any of them desiring such use, shall fail to agree upon the sum or sums to be paid; and Secretary of War to the Secretary of War shall prescribe the rules and conditions to which each shall conform in using said bridge, and all matters of difference between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. SEC. 4. That the bridge authorized to be constructed under 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 rail-way passengers or freight passing over said bridge, than the rate per mile for the transmission over the railroads leading to said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph companies; and the United States shall have the right of way across said bridge and its approaches for postal telegraph purposes. decide rates. Lawful structure and post-route. Postal telegraph. SEC. 5. That the right to alter, amend, or repeal this act is hereby Amendment. etc. expressly reserved; and any alterations or changes that may be required by Congress in the bridge constructed under this act so as to prevent or remove all material and substantial obstruction to the navigation of said river by the construction of said bridge, shall be made by the corporation owning or controlling the same, at its own expense. SEC. 6. That in case of any litigation arising from any obstruction Litigation. or alleged obstruction caused by this bridge to the free navigation of said river, the cause may be tried before the circuit court of the United States in whose territorial jurisdiction said bridge or any part thereof is located. Commencement and completion. June 29, 1888. North Dakota and pany may bridge Red River of the North, Pacific Railroad Com Minn. and Dak Post, p. 298. SEC. 7. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, June 29, 1888. CHAP. 500.-An act authorizing the construction of a railroad bridge across the Red River of the North by the North Dakota and Pacific Railway Company. 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 North Dakota and Pacific Railroad Company, a corporation existing under the laws of the State of Minnesota, and to its successors and assigns, to construct and maintain a bridge, and approaches thereto, across the Red River of the North, between the State of Minnesota and the Territory of Dakota, at such point on said river on the boundary-line between Norman or Polk County in the State of Minnesota, and Traill or Cass County in the Territory of Dakota, as may accommodate the lines of railroad which said corporation may build to said point. Said bridge shall be conRailway, wagon, and structed to provide for the passage of railway trains, and, at the option of the said corporation, may be used for 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 said company; and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates or tolls. foot bridge. Draw. Proviso. Lights, etc. SEC. 2. That any bridge built under this act shall be constructed as a pivot draw-bridge, with a draw over 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 the bottom chord of the bridge shall not be of less elevation than one foot above the plane of the highest flood known at the locality, and provision shall also be made 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 reasonable signal for the passage of boats and other watercraft, 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 corporation shall maintain, at its own expense, from sunset to sunrise, such lights and other signals on said bridge as the Light-House Board shall prescribe; and said corporation shall provide, at its own expense, such sheer-booms, guide-piers, and 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 navigation of said river as the Secretary of War shall prescribe; and to secure that obSecretary of War to ject the said company shall submit to the Secretary of War, for his examination and approval, a design and drawing 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 during the progress approve plans, etc. of construction thereof, such change shall be subject to the approval may use. Secretary of War to decide rates. SEC. 3. That all railroad companies desiring the use of the bridge Other companies constructed under this act shall have, and be entitled 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 reasonable compensation for such use; and 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 upon rules and conditions to which each shall conform in using said bridge, all such matters of difference between them shall be decided by the Secretary of War upon a hearing of the allegations and proof of the parties. SEC. 4. That the bridge authorized to be constructed under this Lawful structure and act 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, troops, and the 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 equal privileges in the use of said bridge shall be granted to all telegraph companies; and the United States shall have.the right of way across said bridge and its approaches, for postal telegraph purposes. SEC 5. That the right 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 the said bridge, is hereby expressly reserved; and any alterations or changes that may be required by the Secretary of War in the bridge constructed under this act, or its entire removal when completed shall be made by the corporation owning or controlling the same at its own expense; and if said bridge shall not be commenced in one year and be finished within three years from the passage of this act, the rights and privileges hereby granted shall be null and void. Approved, June 29, 1888. post-route. Postal telegraph. Commencement and completion. CHAP. 501.—An act to authorize the construction of a graveled or macadamized road from the city of New Berne, North Carolina, to the national cemetery near said city. Whereas, there is now no public road leading to the national cemetery, near the city of New Berne, North Carolina, but access to said cemetery can be had only over a private road belonging to and kept open at the discretion of the adjacent land owners; and Whereas the said land proprietors are willing to donate to the United States the right of way over their said lands from the said city of New Berne to the said national cemetery: Therefore, 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 directed to construct a good and durable graveled or macadamized road from the city of New Berne, in the State of North Carolina, to the national cemetery, near said city, over such road, and along such route as he may deem proper. And for the purpose of carrying into effect the foregoing provisions of this act, the sum of twenty thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated; said June 29, 1888. Preamble. New Berne, N. C tional cemetery. Road from, to na Appropriation. |