Litigation. foot bridge. Proviso. Location. Provisos. Height, etc. the interests of navigation, at a point at or near the city of Muscatine, Iowa, and to lay on or over said bridge a 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, 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 whose jurisdiction any portion of said bridge or obstruction may be. Said bridge shall be constructed to provide Railway, wagon, and for the passage of railroad trains, and for the safe and convenient passage of wagons and vehicles of all kinds, animals, and 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 affect 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 drawbridge or with unbroken and continuous spans: Provided, That if the said bridge shall be made with unbroken and continuous spans, it shall have one or more channel spans, each having not less than three hundred and fifty feet clear channel-way, and not less than fifty-five feet clear head-room above high-water mark, and the clear head-room under other than channel-spans may be less than fiftyfive feet: Provided, That no part of the superstructure of such spans shall give a less head-room than ten feet above high-water mark: And provided further, That the interests of navigation be not injured by such reduction in height: And provided 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 drawbridge, which shall have two or more draw openings, each having not less than two hundred feet clear channel-way, and in addition to said draw-openings, shall have one or more fixed channel-spans, each having not less than three hundred and fifty feet clear channel-way; and every part of the superstructure of said low bridge shall give a clear head-room of not less than ten feet above high-water mark: Location of spans. Provided, That all spans of both high and low bridges shall be so located as to afford the greatest possible accommodation to the river traffic, and a draw opening of the low bridge shall, if practicable, be located next or near the shore: Provided also, That in case of a low bridge, if the physical characteristics of the locality so require, and the interests of navigation be not injured thereby, the lengths of the fixed spans, or the number of draw-openings, may be reduced: Provided, also, That for any two adjacent draw-openings of two hundred feet one draw-opening of three hundred feet may be substituted, if the interests of navigation be not injured thereby; and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected, and the bridge itself at right angles thereto: And provided also, That said draw shall be opened promptly upon reasonable signal for the passage 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. Draw. Length of spans. Draw openings. Opening draw. Lawful structure and post route. SEC. 3. That any bridge constructed under this act and according to its limitations shall be a lawful structure, and shall be 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, the troops, and the munitions of war of the United States, and 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 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 for postal-telegraph Postal telegraph. purposes across said bridge. of Other companies may use. Terms, Secretary of War to SEC. 4. That all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passages 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. 5. That the structure herein authorized shall be built and located under and subject to such regulations for the security of the approve plans, etc. 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 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-line 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 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 progress of construction, such change shall be subject to the approval of the Secretary of War; and the 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 and easily navigated channel, for a distance of not less than one mile above the bridge location, and for the guiding of rafts, steam-boats, and other water-craft safely through the draw and raft 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 Lights. by the Light-House Board; and the said structure shall be changed or removed 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 revocation and modifica tion when the public good, in the judgment of the Secretary of War, so requires, without any expense or charge to the United States. SEC. 6. That if actual construction of the bridge herein authorized shall not be commenced within one year from the passage of this act, and be completed in three years from the same date, the rights and privileges hereby granted shall cease and be determined. Aids to navigation Commencement and completion. SEC. 7. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved. Approved, July 16, 1888. CHAP. 629.—An act authorizing the Little Rock and Alexandria Railway Company to maintain and construct a bridge across Bayou D'Arbonne, in Louisiana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Little Rock and Alexandria Railway Company, in Louisiana, and Arkansas, a corporation duly and legally organized and existing under and by virtue of the laws of the States of Louisiana and Arkansas, be, and July 16, 1888. Little Rock and Alexandria Railway ComBayou D'Arbonne at pany may bridge Farmerville, La. is hereby, authorized to construct and maintain a bridge, and approaches thereto, over Bayou D'Arbonne, in Union Parish, Louisiana, near the town of Farmerville, at the point where said company's line of railway as now projected crosses said bayou, or at such point as may be selected by said company. Said bridge shall be constructed Railway, wagon, and 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 approved from time to time by the Secretary of War. foot bridge. Spans. Draw. Opening draw. Lights, etc. Lawful structure and post-route. Postal telegraph. Provisos, SEC. 2. That if said bridge over the said Bayou D'Arbonne shall be constructed 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 one hundred feet between the piers, measured at right angles to the current at every stage, and shall be over that portion of the bayou used by boats during the ordinary stages of water; and the bridge shall be at right angles to, and the piers parallel with, the current of the bayou. And if the said bridge over the said Bayou D'Arbonne shall be constructed as a draw-bridge, the draw or pivot shall be over the main channel of the bayou at an accessible navigable point, and the opening on each side of the pivot pier shall be not less than one hundred feet in the clear; and as nearly as practicable both of said openings shall be accessible at all stages of water, and the spans shall be not less than ten feet above extreme high water, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the piers and draw-rests shall be parallel with, and the bridge itself at right angles to, the current of the bayou at that stage of the bayou which is most important for navigation; and no riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channel-ways provided for in this act. Said draw 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 bridge as the Light-House Board may prescribe. SEC. 3. That said 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 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; 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. 4. That if said bridge erected or maintained under the authority of this act shall at any time substantially or materially obstruct the free navigation of said bayou, or 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 such alteration 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 circuit court of the United States of the State of Louisiana in whose jurisdiction 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 ref- Existing laws. erence to the protection of the navigation of rivers, or to exempt said bridge from the operation of the same. may use. SEC. 5. That all railroad companies desiring the use of said bridge Other companies 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 if the rate of compensation can not be agreed upon by the parties, the same shall be fixed by the Secretary of War. Compensation. Secretary of War to approve plans, etc. SEC. 6. That the 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 bayou 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 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 bayou, 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 commenced or 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, Changes. 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 convenient navigation of said bayou; 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 Congress, so require. 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 of this act being approved. Commencement and completion. SEC. 8. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved. Approved, July 16, 1888. CHAP. 630.-An act authorizing the construction of a bridge across the Missouri River at or near the city of Nebraska City, Nebraska, and for other purposes. July 16, 1888. Nebraska City, Nebr., may bridge Location. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the city of Nebraska City, Nebraska, a city and municipal corporation organized Missouri River. under the laws of the State of Nebraska, its successors or assigns, is hereby authorized to construct, maintain, and operate a bridge across the Missouri River at Nebraska City, in the county of Otoe and State of Nebraska, and at such point as may be hereafter selected by said city, its successors or assigns, and at least one-third of a mile from any other bridge, as shall best promote the public convenience and welfare and the necessities of business and commerce, and also to construct and maintain the accessory works necessary 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, if the said corporation, its successors or assigns, 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 perfect connection of any railroads that are or shall be constructed to said river at or opposite to said point; and said corporation, its successors or assigns, shall construct and maintain ways for carriages, wagons, and Railway, wagon, and foot bridge. Proviso. Free navigation. approve plans, etc. Provisos. Spans for foot-passengers, and may charge and receive such reasonable toll therefor as may be approved from time to time by the Secretary of War: Provided, That said bridge and all the property belonging thereto or connected therewith may be constructed, maintained, and used as a combined railway and wagon bridge, for the safe and convenient passage of wagons, carriages, stock, steam, cable, and street cars, footpassengers, 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, its successors or assigns, shall elect, as herein before provided; but if the said corporation, its successors or assigns, 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 cars. SEC. 2. 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 and privileges hereby granted; and in order to secure that object the said company or corporation, its successors or assigns, Secretary of War to 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 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, That said bridge shall be built as a high bridge with unbroken and continuous spans, having at least one channel-span of not less than four hundred feet clear channel-way, all other spans over the water-way to have a clear channel-way of not less than three hundred feet, and all spans shall have a clear head-room of not less than fifty feet above high-water mark, and the piers of said bridge shall be parallel with the current of said river and the bridge itself at right angles thereto, and no riprapping or other protection for imperfect foundations which will lessen the required water-way shall be permitted; and said company or corporation, its successors or assigns, shall maintain, at its own expense, from sunset until sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: And provided also, That if said company or corporation, its successors or assigns, shall elect, as is herein before provided, to erect a combined railroad and wagon Compensation for bridge, then 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 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 work, and at such locality will conform to the prescribed conditions of this act, to notify the company, its successors or assigns, that he approves the same; and upon receiving such notification the said company, its successors or assigns, 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 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 Lights, etc. use. Notification of approval. Litigation. |