June 8, 1892.

Illinois and

CHAP. 108.-An act to authorize the Illinois and Iowa Railway and Terminal Company to build a bridge across the Mississippi River at Moline, Illinois.

Be it enacted by the Senate and House of Representatives of the United Iowa Railway States of America in Congress assembled, That the Illinois and Iowa and Terminal Railway and Terminal Company, a corporation duly created and exbridge Missisisting under the laws of the State of Iowa, its successors or assigns, sippi River at be, and they are hereby, authorized to construct and maintain a Moline, Ill.

Company may

Proviso.
Location.

bridge and approaches thereto over the Mississippi River from a point at or near the eastern boundary of the city of Moline, in the county of Rock Island, in the State of Illinois, to the opposite shore of said river in the State of Iowa: Provided, That a location is found within such limits suitable to the interests of navigation. Said Railway, etc., bridge shall be constructed to provide for the passage of railway bridge. trains, and at the option of said corporation, its successors or assigns, may be so constructed to provide for and be used also 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 corporation, its successors or assigns; and the Secretary of War shall have the right, from time to time, to revise, prescribe and determine such rates of toll.

Tolls.

Construction.

Provisos.
Drawbridge.

Spans.

Low bridge.

Piers.

SEC. 2. That any bridge built under the provisions of this act may, at the option of the said company building the same, be built as a drawbridge or with unbroken, continuous spans: Provided, That if said bridge 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 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 to the draw shall give a clear width of water way of not less than three hundred and fifty feet, and every part of the structure shall give a clear head room of not less than ten feet above extreme high-water mark: Provided, That all spans shall be so located as to afford the greatest possible accommodations to the river traffic, and a draw shall be, if practicable, as near the shore as the deepest water way will permit: Provided, also, That in case of a low bridge, if the physical characteristics so require, and the interests of navigation be not injured thereby, the length of the fixed spans may be reduced: Provided further, That 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, 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: And provided further, That if any bridge built under the provisions of this act shall be constructed with unbroken, 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 fifty-five feet, but no part of the superstructure of such spans shall in any case 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 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 said river and give a clear width of water Railway way of not less than three hundred and fifty feet.

Opening

draw.

Channel

spans.

tracks.

Proviso.

Unobstructed navigation.

SEC. 3. That the company constructing a bridge under the provisions of this act be, and it is hereby, authorized to lay on said bridge a railway 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 the point of location of said bridge, under the limitations and conditions herein: 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 obstruc- Litigation. 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 obstruction touches.

SEC. 4. That any bridge constructed under this act and accord-..Lawful struc ture and post ing to its limitations shall be a lawful structure, and shall be known route." as a post route, and the same is hereby declared to be a post route, upon which, also, no higher charges shall be made for the transmission over the same of the mails, the troops, the munitions of war of the United States, or for passengers or freight passing over said bridge, than the rate per mile paid for 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 Postal teleof way for postal telegraph purposes across said bridge. SEC. 5. That all railways desiring to use said bridge shall be enUse by other titled to equal rights and privileges in the passage of the same, companies. and in the use 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 allegations and proofs of the parties, in case they shall not agree.

graph.

Terms.

of

Secretary War to approve

Aids to navi.

SEC. 6. That the structure hereby authorized shall be built and located under and subject to such regulations for the security of plans, etc. 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 of the bridge and map of 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 shall be required for a full and satisfactory understanding of the subject; and until the said plan fand 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 plans of said bridge during the progress of Changes. construction, such change shall be subject to the approval of the Secretary of War; and the bridge shall be constructed with such aids to the passage of said bridge in the form of bcoms, dikes, piers, gation. 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 order at any time to be constructed and maintained, at the expense of the company owning said bridge; and 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 or other signals as may be prescribed by the Light-House Board; and the said structure shall be changed or altered 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 modification by law, when the public good in the judgment of Congress or the Secretary of War so requires, without any expense or charge to the United States.

Lights, etc.

SEC. 7. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year ment and comand completed within three years from the date thereof. SEC. 8. That the right to alter, amend, or repeal this act is hereby Amendment, expressly reserved.

Commence

pletion.

etc.

Approved, June 8, 1892.

June 15, 1892.

New Bedford. Mass.

CHAP. 118.---An act granting the use of certain lands to the city of New Bedford, Massachusetts, for a public park.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the city of New Bedford, in the State of Massachusetts, the right to occupy improve, and control for the purposes of a Land donated public park for the use and benefit of the citizens of the United for public park. States, and for no other purpose whatever a portion of the tract of land owned by the United States, which is situated in the extreme southerly part of said city of New Bedford, containing sixty acres, more or less, and known as Clark's Point, and partly occupied by a fort; said tract being bounded northerly by lands owned by various private parties, and on the east, south and west by a road between it and the ocean, known as French avenue, upon the following conditions and provisions namely:

First. That no use of said land shall be begun by the said city until after general plans of said improvement shall have been subSecretary of mitted to the Secretary of War and shall have been approved by War to approve him and the portion of said tract of land owned by the United plans, etc. States to be used for such stated purposes shall have been specially designated by him, and that no ditches shall be filled, nor embankments removed, nor structures built, repaired, altered, or removed, nor improvements of any sort begun until the extent and plans of such proposed work shall have been described in detail to the Secretary of War and shall have received his approval.

Police powers.

Fee reserved.

Second. That said city of New Bedford shall have and exercise power to make and enforce police regulations concerning said tract, and shall properly protect all said property from injury.

Third. That the United States reserves to itself the fee in said tract and the right to resume immediate and entire possession whenever either of the above provisions shall have been violated, and also to resume possession and occupy any portion thereof whenever, in the judgment of the President, the exigency arises that should require the use and appropriation of the same for public defense or otherwise, or for such other disposition as Congress may determine, without any claim for compensation to said town for improvement thereon or damage on account thereof. Approved, June 15, 1892.

June 15, 1892.

pany.

CHAP. 119.-An act to authorize the Glen Echo Railroad Company to cross the Washington Aqueduct.

Be it enacted by the Senate and House of Representatives of the United Glen Echo States of America in Congress assembled, That the Glen Echo RailRailroad Com- road Company, a corporation duly incorporated under the laws of May cross the State of Maryland, is hereby authorized to extend and operate Washington its line of railway across the Washington Aqueduct and the land perAqueduct. Provisos.

taining thereto in Montgomery County in said State: Provided, That the said crossing over the paved portion of the said conduit road shall be made at right angles with the said road and shall be made only at such place, in such manner, and on such conditions as Approval by shall be approved by the Secretary of War and accepted by said comSecretary of War. pany, and no work shall be done on said railroad on any of said land until after such approval and acceptance in writing. At no point on the line of said Glen Echo Railroad, except at the crossing aforesaid, or of any extension of said railroad under whatever name, shall the inner rail be less than fifty feet from the middle of the paved portion of the conduit road. The operations of said company on said crossing shall always be subject to the control of the Secretary of War and to such requirements not provided for in this act as the Secretary of War may from time to time consider necessary for the safety of the aqueduct and of the public, and subject also to the right of the Secretary of War or other lawful public authority to interrupt the construction or use of said crossing

Signals.

Expenses.

whenever and for whatever reason it may be considered necessary for the public interests; and the agents and servants of said company, when on the public land of the United States, shall be subject to such regulations as the Secretary of War may prescribe. The said crossing shall be raised by and at the expense of said company Grade changes. to conform to any change of grade on the conduit road, and said company shall pave with stone and to the satisfaction of the engineer officer in charge of the Washington Aqueduct the spaces between the rails and sets of rails and two feet outside thereof and shall keep the same in good repair. Efficient signals by gong or bell shall be made by every car before and during the crossing of the Conduit road, and before crossing every car shall be brought to a complete stop, and no steam cars, locomotives, or passenger or other cars for steam railways shall ever be run over said crossing. The said company shall, before commencing work on said crossing, deposit with the Treasurer of the United States, to the credit of the Washington Aqueduct, such sum as the Secretary of War may consider necessary to defray all the expenses that may be incurred by the United States in connection with the inspection of the company's work on said crossing and in making good any damages done by said company or its works or its contracting agents to the conduit or the conduit road, or to any work or land or other property of the United States, and in completing, as the Secretary of War may deem necessary, any of the company's work that the said company may neglect or refuse to complete and that the Secretary of War may consider necessary for the safety of the Washington Aqueduct and the works pertaining thereto, including its telephone line, or for the proper drainage of the Conduit Road and the land pertaining thereto, or for the proper use and orderly appearance of said road and land; and the said company shall also deposit, as aforesaid, such further sums for said purposes and at such times as the Secretary of War shall require: Provided, That Disbursement the said moneys shall be disbursed like other moneys appropriated for the Washington Aqueduct, and that whatever shall remain of said deposits at the end of one year after the completion of said railroad shall be returned to said company, with an account of their disbursement in detail: And provided also, That disbursements of said deposits shall, except in case of emergency, be made only on the order of the Secretary of War. The exercise of the rights by this act granted are to terminate at the pleasure of the of rights. Secretary of War in case of persistent neglect by said company or by its successors to make the deposits or to comply with any of the conditions, requirements, and regulations aforesaid; and no claim for damages shall ever be made by said company or its successors in consequence of the exercise of any of the rights of the United States under this act.

Approved, June 15, 1892.

of moneys.

Termination

CHAP. 123. An act granting the right and authority to the Mexican Gulf, June 21, 1892. Pacific and Puget Sound Railroad Company, a company organized under the laws of the States of Florida and Alabama, to build one bridge over each of the following-named rivers in the State of Alabama, namely: The Alabama River, the Warrior River, the Sipsey River, and the Tennessee River; the said bridges to be used by the Mexican Gulf. Pacific and Puget Sound Railroad Company in carrying freight and passengers by rail and otherwise.

Mexican Gulf, Pacific and Pu

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Mexican Gulf, Pacific and Puget Sound Railroad Company, a railroad corpora- get Sound Railtion organized under the laws of the States of Florida and Alaway may bridge bama, is hereby authorized and empowered to construct, main- Alabama, Warrior, Tennessee, tain, and operate one bridge over and across each of the following- and Sipsey named rivers, all in the State of Alabama: The Alabama River at rivers, Ala. a point in Monroe and Clarke Counties, or in Wilcox County, Alabama: the Warrior River at a point in Hale and Greene Counties. Alabama, or at a point in Marengo and Greene Counties, Alabama; the Tennessee River at a point in the counties of Col

Railroad bert and Lauderdale, Alabama; the Sipsey River at a point in bridges.

Provisos.

Pickens or Tuscaloosa Counties, Alabama; and to lay railroad tracks on the said bridges and to run trains on the same: Provided, That the said bridges shall be built and located under and subject to such regulations for the security of navigation as the ⚫ Secretary of Secretary of War shall prescribe; and to secure that object the War to approve said company or corporation shall submit to the Secretary of War, plans, etc. for his examination and approval, designs and drawings of the bridges and complete hydrographic and topographic maps of the rivers and their banks from one mile above to one-half mile below the proposed crossings; and no bridge shall be commenced or built under the provisions of this act until the plan and location thereof have been submitted to and approved by the Secretary of Unobstructed War: Provided further, That said bridges shall be all times so

navigation.

Lights, etc.
Changes.

Lawful struc

routes.

managed and kept as to offer reasonable and proper means for the passage of vessels through or under them; and for the safety of vessels passing at night there shall be displayed on said bridges. from sunset to sunrise, such lights or other signals as the LightHouse Board may prescribe; and all changes in said bridges required by the Secretary of War at any time, or their entire removal, shall be at the expense of the corporations or persons owning or operating said bridges.

SEC. 2. That the bridges constructed under this act and accord

tures and post ing to its limitations shall be lawful structures and shall be known as post routes, and the same are hereby declared to be post routes, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, freight, 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 said bridges; and equal privileges in the use of said bridges shall be granted to all telegraph companies, and the United States shall have the right of way for postal-telegraph purposes across said bridges.

Postal telegraph.

Use by other companies.

Terms.

Amendment,

etc.

Commencement and completion.

SEC. 3. That all railway companies desiring to use said bridges 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. 4. That the right to alter, amend, or repeal this act is hereby expressly reserved.

SEC. 5. That if actual construction of the bridges herein authorized shall not be commenced within two years from the 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. Approved, June 21, 1892.

June 22, 1892.

Yankton Bridge Company may

River at Yankton, S. Dak.

CHAP. 124. An act to authorize the construction of a bridge across the Missouri River at the city of Yankton, South Dakota.

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 bridge Missouri the Yankton Bridge Company, a corporation organized for that purpose under the general corporation laws of the State of South Dakota, or its assigns, to construct, under and subject to the conditions and limitations hereafter provided, a combined railroad, wagon, and foot-passenger bridge across the Missouri River, at the city of Yankton, South Dakota, and lay on and over said bridge Railway, wag railway 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 the city of Yankton, or to the river on the opposite side of the same, near the city of Yankton, 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

and foot

on, bridge.