LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY. FIFTY SECOND CONGRESS, FIRST SESSION. 1891-'92. 3461 LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY. FIFTY-SECOND CONGRESS, FIRST SESSION, 1891-'92. PUBLIC ACTS. February 15, CHAP. 8.-An act to amend au act entitled "An act for the construction of a railroad and wagon bridge across the Mississippi River at South Saint Paul, 1892. Minnesota", approved April twenty-six, eighteen hundred and ninety. Paul Rail Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An South Saint act for the construction of a railroad and wagon bridge across the road Company Mississippi River at South Saint Paul, Minnesota," approved April bridge over twenty-six, eighteen hundred and ninety, as amended by an act Mississippi entitled "An act to amend an act entitled 'An act for the construc- River, South tion of a bridge at South Saint Paul, Minnesota,'" approved Feb- Minn. ruary twenty-fourth, eighteen hundred and ninety-one, be, and Vol. 26, pp. 69, hereby is, amended as follows: First, by striking out section one of said bill as amended and substituting in lieu thereof the following: Saint Paul. 788. Change of 10cation authorized. Location. "That the South Saint Paul Belt Railroad Company, its successors and assigns, be, and they are hereby, authorized to construct and maintain, at a point suitable to the interest of navigation, a railroad bridge, or a combined railroad, wagon, and foot passenger bridge, across the Mississippi River from a suitable point on its west bank, at or near the city of South Saint Paul, in the State of Minnesota, and within the limits of section two, township twenty-seven, range twenty-two west, to a corresponding point on its east bank, 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 places, under the limitations and conditions hereinafter provided that said bridge shall not interfere with the free navigation of said river beyond what is necessary 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, or damage resulting from the same, 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; said bridge may, at the option of the company building the same, be constructed to provide for the passage Railway, of railroad trains alone, or for the passage of railroad trains and railway wagon, for the safe passage of wagons and vehicles of all kinds, for the and foot bridge. transit of animals and for foot passengers, all for such reasonable Litigation. rates of toll as may be fixed from time to time by the Secretary of Tolls. War." or Vol. 26. pp. 71, 788, amended. Time for con struction tended. Second, by striking out section seven of said bill and substituting in lieu thereof the following, to wit: "SEC. 7. That this act shall be null and void if actual construcex- tion of the bridge herein authorized be not commenced within one year and completed within three years from the date of the approval of these amendments." Approved, February 15, 1892. March 29, 1892. CHAP. 25.-An act to amend section twelve hundred and sixteen of the Revised Statutes, relative to certificates of merit to the enlisted men of the Army. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve hunCertificates of dred and sixteen, Revised Statutes, be, and is hereby, amended to merit extended read: Army. to all enlisted men. "SEC. 1216. That when any enlisted man of the Army shall have R.S.. sec. 1218, distinguished himself in the service, the President may, at the p. 215, amended. recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him a certificate of merit." Approved. March 29, 1892. April 7, 1892. Iowa. CHAP. 38.-An act to amend an act entitled "An act to authorize the construction of a railroad, wagon, and foot-passenger bridge at Burlington, Iowa. approved August sixth, eighteen hundred and eighty-eight" as amended by act approved February twenty-first, eighteen hundred and ninety. Be it enacted by the Senate and House of Representatives of the United Burlington, States of America in Congress assembled, That the time for the commencement and completion of said bridge, authorized by said act structing bridge entitled "An act to authorize the construction of a railroad, wagon, and foot-passenger bridge at Burlington, Iowa, approved August sixth, eighteen hundred and eighty-eight," as amended by act approved February twenty-first, eighteen hundred and ninety, be, and is hereby, each extended two years from the passage of this at, extended. Vol. 25, p. 360; Vol. 26, p. 12. act. Approved. April 7, 1892. April 15, 1892. CHAP. 45.-An act to authorize the construction of a bridge across the Missouri River, between the city of Chamberlain, in Brulé County, and Lyman County, in the State of South Dakota. Be it enacted by the Senate and House of Representatives of the United Chamberlain States of America in Congress assembled, That the Chamberlain PonPontoon Bridge toon Bridge Company, a corporation duly organized and existing Company may under the laws of the State of South Dakota, be, and is hereby, bridge Missouri River at Cham- authorized to construct and maintain a bridge and approaches berlain, S. Dak. thereto across the Missouri River between the city of Chamberlain, in the State of South Dakota, and Lyman County, in the State of South Dakota. Said bridge shall be constructed to provide for Railway.wag on, and foot the passage of railroad trains, wagons, and vehicles of all kinds, bridge. steam and street cars, animals, foot passengers, and for all road travel, for such reasonable rates of toll and under such reasonable rules and regulations as may be prescribed by said corporation and May be wagon approved by the Secretary of War, or said bridge may be conand foot bridge. structed as a wagon and foot bridge alone. Toll, etc. Lawful structure and post route. 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 than the rate per mile paid for the transportation 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; and an equal privilege in the use of said bridge shall be granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridge and its approaches for postal telegraph Postal tele purposes. graph. Drawspan. SEC. 3. That said bridge shall be constructed as a pontoon bridge, Construction. and shall contain a drawspan giving a clear opening of not less than three hundred feet in length, which drawspan shall be maintained over the main channel of the river at an accessible and navigable point, and said bridge other than the drawspan shall be at right angles to the current of the river at high water: Provided, That said draw shall be opened promptly by said company upon Opening draw reasonable signal for the passage of boats and rafts, and said company or corporation shall maintain, at its own expense, from sun Provisos. set to sunrise, such lights or other signals on said bridge as the Lights, etc. Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time Litigation. unreasonably obstruct the free navigation of said river, and if any Unobstructed bridge erected under such authority shall, in the opinion of the navigation. Secretary of War, unreasonably obstruct such navigation, he is hereby authorized to cause the entire removal thereof or such change or alteration of said bridge to be made as wili effectually obviate such obstruction, and all such alterations shall be made and all such obstructions shall 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 South Dakota in whose jurisdiction 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 the law now existing in reference to the pro- Existing laws. tection of the navigation of rivers, or to exempt this bridge from the operations of the same. Compensa SEC. 4. That all railroad companies desiring the use of said Use by railbridge shall have and be entitled to equal rights and privileges roads. relative to the passage of railroad trains or cars over the same and over the approaches to the same 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, tion. desiring such use shall fail to agree upon the sum or sums to be Disagreement. paid, and upon the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall Decision be decided by the Secretary of War upon a hearing of the allega- Secretary of tions and proofs of the parties. War. by SEC. 5. That any bridge authorized to be constructed under this Secretary of act shall be built and located under and subject to such regulations Warto approve for the security of the navigation of said river as the Secretary of plans, etc. 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-half mile above and one-half mile below the proposed location, the high and low water lines upon the banks of the river, the direction and strength of the currents at low and at high water, with the soundings, accurately showing the bed of the stream, and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, 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 |