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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 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 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 navigation.

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.

SEC. 3. That any bridge constructed under this act and according to its limitation shall be a lawful structure, and shall be known 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.

Lawful struc

ture and post route.

Postal telegraph.

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

of

War to approve plans, etc.

SEC. 5. That the structure herein authorized shall be built and located under and subject to such regulations 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 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 pany may dam 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.

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.

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.

Railway, etc., bridge.

Lawful struct

route.

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.

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 said 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.

SEC. 5. That any bridge authorized to be constructed under this Secretary of act shall be built and located under and subject to such regulation plans, etc. War to approve 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.

May be only

SEC. 7. That it shall not be obligatory on said company in constructing 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.

Commence. ment and com

pletion.

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 Missis- isting 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, pre

Tolls.

Construction.

Provisos.
Drawbridge.

Spans.

Low bridge.

Piers.

scribe and determine such rates of toll.

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 lccited 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

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