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CHAP. 76. —An act authorizing the construction of a wagon and motor bridge May 23, 1892. over the Missouri River at Saint Charles, Missouri.

struction Com

Saint

Charles, Mo.

etc.,

Be it enacted by the Senate and House of Representatives of the United Occidental States of America in Congress assembled, That the Occidental Bridge Bridge and Conand Construction Company, duly incorporated under the laws of panymay bridge Missouri, is hereby, authorized to construct and maintain a bridge, Missouri River and approaches thereto, across the Missouri River, between the at city of Saint Charles, Missouri, and Saint Louis County, Missouri, at a point at least one-third of a mile from any other bridge, to be selected consistent with the interests of river navigation. Said bridge shall be constructed to provide for the passage of wagons Street railand vehicles of all kinds, street railway cars, motor cars, animals, Way, bridge. 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 its said company, and to be approved from time to time by the Secretary of War: Provided, That the said company, or its successors and assigns, shall build and maintain at all times, gation. as accessory works to said bridge, such booms, piers, dikes, guard fences, and similar devices as may be necessary, in the judgment of the Secretary of War, to insure at all times a permanent channel for a sufficient distance above and below the bridge site, and for the guiding of rafts, steamboats, and other water craft safely under said bridge: Provided further, That the said company, or its successors and assigns, shall maintain on said bridge, from sunset to sunrise, such lights and other signals as the Light-House Board shall prescribe.

Toll.
Provisos.
Aids to navi

Lights, etc..

Secretary of War to approve

plans, etc.

Unobstructed

SEC. 2. 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 until he shall approve the plan and location of said bridge and accessory works: and if any change be made in the plan of construction of said bridge and accessory works at any time, such change shall be subject to the approval of the Secretary of War; and any change in the construction or any alteration of said bridge and accessory works that may be directed at any time by Congress or the Secretary of War shall be made at the cost and expense of the said company or its successors and assigns; that the said bridge shall be constructed without interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights navigation. and privileges hereby granted, and in order to secure that object the said company, or its successors and assigns, shall submit to the Secretary of War, for his examination and approval, a design and drawing of said bridge and accessory works 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 War the construction of said bridge shall not be commenced.

SEC. 3. That said bridge shall be built as a high bridge with unbroken and continuous spans, all spans over the waterway to have a clear channel way of not less than four hundred feet, and a clear headroom of not less than fifty-five 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.

Spans.

Work to com

etc.

SEC. 4. That the Secretary of War is hereby authorized and directed upon receiving such plan and other information, and upon mence upon apbeing satisfied that a bridge so built will conform to the require- proval of plans, ments of this act, to notify the company authorized to build the same 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 approval of the Secretary of War.

Lawful struc

route.

SEC. 5. That any bridge built under this act and subject to its ture and post limitations shall be a lawful structure, and shall be recognized and known as a posí 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 street railways 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 and telephone companies, and the United States shall hava the right of way across said bridge and its approaches for postal telegraph purposes.

Postal telegraph.

Commence

SEC. 6. That this act shall be null and void if actual construcment and com- tion of the bridge herein authorized be not commenced within pletion. one year and completed within three years from the date thereof. SEC. 7. That this act shall take effect and be in force from and Amendment. after its passage; and the right to alter, amend, or repeal this act is hereby expressly reserved.

etc.

Approved, May 23, 1892.

June 6, 1892.

vana, Ill.

CHAP. 90. -An act to establish a railway bridge across the Illinois River, between a point at or near the city of Havana, in Mason County, and a point on the opposite side of said river, in Fulton 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 Chicago, Chicago, Peoria, and Saint Peoria and Saint Louis Railway Company, a corporation organLouis Railway ized under the laws of the State of Illinois, its successors and Company may assigns, are hereby authorized and empowered to erect, establish, bridge Illinois River at Ha- and maintain a railway bridge across the Illinois River, between a point to be by them selected at or near the city of Havana, in Mason County, and a point to be selected by them on the opposite side of said river, in Fulton County, in the State of Illinois; and Free naviga- that said bridge shall not interfere with the free navigation of said river, and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, the same shall be instituted and determined in the district court of the United States for the southern district of the State of Illinois.

tion.

Litigation.

Construction.

Provisos.
Spans.

Height.

Piers.

Draw.

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, with a pivot or other form of draw, or with unbroken or continuous spans: Provided, That if the said bridge shall be built with unbroken or continuous spans it shall have one or more channel spans, each having not less than three hundred and fifty feet clear channel way, measured normal to the current of said river, and not less than fifty-five feet clear headroom above highwater mark, and the clear headroom under the other channel spans may be less than fifty-five feet: Provided. That no part of the superstructure of such spans shall give a less headroom than ten feet above high-water mark: And provided further, That the interests of navigation be not injured by such reduction in height: 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 and fifty 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 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, measured normal to the current of said river, 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 in length, measured normal to the current of said river, and every part of the superstructure shall give a clear headroom of not less than ten feet above high-water mark: Pro

Location of

Opening draw.

Approaches.

Aids to navi gation.

vided, That the spans of both high and low bridges shall be so located as to afford the greatest possible accommodations to the river spans. traffic, and a draw-opening of low bridges shall, if practicable, be located next or near shore; and the piers of said bridge shall be parallel with the current of the river when said bridge may be erected: And provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats: And provided also, That if the approaches by land to said bridge shall be built over land submerged at high water, said approaches shall be provided with sufficient passages for water, in connection with the water way through the spans of said bridge, to pass the flood discharge of the Illinois River without unduly increasing the velocity of flow through the navigated spans of said bridge: And provided also, That all such dikes, booms, piers, fences, wing dams, and other accessory works, that may be necessary to safely guide all steamboats, rafts, tows, and other water craft navigating said river, up to and through said draw or channel spans at any and all stages of water in the Illinois River, within a distance of one mile above and onehalf mile below said bridge shall be located, constructed, and maintained at all times as may be required by the Secretary of War: And provided also, That the approaches of said bridge by land or by water within the limits of high water with limiting and level lines Data to be subof the natural surface, grades of track, and proposed high-water mitted. discharge openings, within said overflowed limits along the line of such road or any road using said bridge, and all accessory works herein required among other data hereinafter required shall be indicated, shown, and located upon the maps and plans of said bridge, hereinafter required to be submitted for approval to the Secretary of War.

Lawful struc

route.

Postal telegraph.

SEC. 3. That any bridge constructed under this act and according to its limitation shall be a lawful structure, and shall be known ture and post 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 the rate per mile paid for their transportation over the railroads and public highways leading to the said bridge, and the United States shall have the right of way for a postal telegraph across said bridge. SEC. 4. That all railway companies desiring to use said bridge Use by other shall have and be entitled to equal rights and privileges in the companies. passage of the same and in the use of the machinery and fixtures thereof, and of 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.

Terms

Secretary

plans, etc.

of

SEC. 5. That the structure herein authorized shall be built and located under and subject to such regulations for the security of War to approve 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 said bridge and approaches by land and by water 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 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 and approaches thereto 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 process of Changes. 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 ENG 92-218

Lights.

bridge, from the hour of sunset to that of sunrise, such lights as may be prescribed by the Light-House Board: 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 Commence preserve the free and convenient navigation of said river. SEC. 6. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year Amendment, and completed within three years from the date thereof.

ment and com

pletion.

etc.

SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, June 6, 1892.

June 6, 1892.

CHAP. 92.-An act granting to the Topeka Water and Electric Power Company of Kansas the right to erect and maintain a dam or dams across the Kansas River, within Shawnee County, in the State of Kansas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress Topeka Water and Electric is hereby given to the Topeka Water and Electric Power Company, Power Com-a corporation created and organized under the laws of Kansas, its Kansas River. successors and assigns, to erect, construct, and maintain a dam or dams across the Kansas River at any suitable place or places within Shawnee County, in the State of Kansas.

pany may dam

Amendment

etc.

SEC. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, June 6, 1892.

June 6, 1882.

Company may

Clifton, Tenn.

Railway, etc., bridge.

CHAP. 93.-An act to authorize building a bridge over Tennessee River.

Saint Louis Be it enacted by the Senate and House of Representatives of the and Birming United States of America in Congress assembled, That the Saint nam Railway Louis and Birmingham Railway Company, a corporation created bridge Tennes- and organized under the laws of the State of Tennessee, be, and is see River at hereby, authorized to construct and maintain, for the purpose of running railway trains, also for passage of all kinds of road vehicles, wagons, carts, and conveyances for passengers, and for foot passengers, if said railroad company may desire to so do a bridge over the Tennessee River at a point on said river known as Clifton, in Wayne County, in the State of Tennessee or within two miles either above or below said point as said company may determine. SEC. 2. That any bridge built under this act and subject to its ure and post limitations shall be a lawful structure and shall be recognized and known as a post-route, upon which 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 passing over said bridge than the rate per mile paid for transportation over the railroad leading to said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies, and it shall enjoy the rights and privileges of other post roads in the United States.

Lawful struct

route.

Drawbridge.

SEC. 3. That the bridge built under this act shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and best navigable point, and with spans not less than one hundred and sixty feet in length in the clear at low water mark on each side of the channel or pivot pier of the draw, and said span shall not be less than ten feet above extreme highwater mark, measuring to the lowest part of the superstructure of the bridge and the piers of said bridge shall be parallel to and the bridge itself at right angles to the current of the river at the Proviso. average stage of water where said bridge may be erected: Provided also, That in sail bridge there shall be one span of not less than Span. three hundred feet in length in the clear at low water mark: that Opening draw. said draw shall be opened promptly by said company, upon reasonable signal, for the passage of boats or vessels, and said corporation

Lights, etc.

Unobstructed navigation.

shall maintain, at its own expense, from sunset to sunrise, such lights or other signals as the Light-House Board shall prescribe. SEC. 4. 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 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 of said bridge. And in case of any litigation arising from Litigation. any obstruction or alleged obstruction to the free navigation of -aid river, caused or alleged to be caused by said bridge, the case shall be brought in the district court of the United States, of the State of Tennessee, in which any portion of said obstruction or bridge may be located.

Secretary of plans, etc. War to approve

SEC. 5. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulation 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 drawing of said bridge, and a map of the location, 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 high and low water, the directions and strength of the currents at all stages, 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 the bridge shall not be built; and should any change be made in the plan of said bridge changes. during the progress of construction, such change shall be subject to the approval of the Secretary of War.

SEC. 6. That all railroad companies desiring the use of any bridge Use by other constructed under this act shall have and be entitled to equal companies. rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment 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 bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proof of the parties.

Terms.

SEC. 7. That it shall not be obligatory on said company in conMay be only structing said rairoad bridge to so construct the same for the pas- railway bridge. sage of road vehicles or foot passengers, but may, as in this act provided, construct the same only as a railroad bridge if said company so decides; but in case the said bridge is constructed for the passage of common road vehicles and foot passengers, said company shall have no right to charge tolls on the same for a longer period than fifteen years, and then the same for such travel shall be free. But in charging tolls, no charge shall be in excess of the amounts here stated, to wit: Footmen, five cents each; single horse conveyance, including conveyances for people, twenty cents each; double-Horse conveyances, thirty cents; four-horse conveyances, drawn by horses or oxen, fifty cents; horses with riders, ten cents; horses and cattle loose or led, six cents each; sheep and hogs, four cents each; turkeys, one cent each.

Tolls.

Amendment,

SEC. 8. That the right to alter, amend, or repeal this act is hereby expressly reserved, without any liability of the United etc. States for damages on account of the alterations, amendments, or repeal of this act. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed in three years from date hereof. Approved, June 6, 1892.

Commencement and com

pletion.

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