Proviso.

Spans.

Height.

Draw.

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 two hundred feet clear
channel way, measured normal to the current of said river, and
not less than fifty feet clear headroom above high-water mark, and
the clear headroom under the other channel spans may be less
than fifty 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 naviga- Piers, etc.-
tion 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 two hundred feet in length And provided also, That if
any bridge built under this act shall be constructed as a draw-
bridge, 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 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 adjoin-
ing spans to the draw shall not be less than two hundred 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 watermark: Provided, That the spans of
both high and low bridges shall be so located as to afford the spans.
greatest possible accommodations to the river 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 cur-
rent 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 ap- Approaches.
proaches by land to said bridge shall be built over land submerged
at high water, said approaches shall be provided with sufficient
passage for water, in connection with the water way through the
spans of said bridge, to pass the flood discharge of the Black River
without unduly increasing the velocity of flow through the navi-
gated spans of said bridge: And provided also, That all such dikes, Aids to navi
booms, piers, fences, wing dams, and other necessary works that gation.
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 Black
River, within the distance of one mile above and one-half mile below
said bridge shall be located, constructed, and maintained at all times

Location

of

Opening draw.

as may be required by the Secretary of War: And provided also, Maps to show
That the approaches of said bridge by land or by water within the approaches, etc.
limits of high water with limiting and level lines of the natural
surface, grades of track, and proposed high-water discharge open-
ings, 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 accord-
ing 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

route.

and post

Postal telegraph. SEC. 4. That all railway companies desiring to use said bridge se by other shall have and be entitled to equal rights and privileges in the pascompanies. sage 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 hear ing the allegations and proofs of the parties in case they shall not agree.

ENG 92-222

Terms.

1

Secretary of SEC. 5. That the structure herein authorized shall be built and War to approve located under and subject to such regulations for the security of 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 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 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 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 preserve the free and convenient navigation of said river.

Changes.

Lights.

Commence

ment and com- of the bridge herein authorized be not commenced within one SEC. 6. That this act shall be null and void if actual construction pletion. year and completed within three years from the date thereof. SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Amendment.

Approved, July 23, 1892.

July 26, 1892.

canals.

CHAP. 248.-An act to enforce reciprocal commercial relations between the United States and Canada, and for other purposes.

Canadian States of America in Congress assembled, That, with a view of securBe it enacted by the Senate and House of Representatives of the United President to ing reciprocal advantages for the citizens, ports, and vessels of the suspend free United States, on and after the first day of August, eighteen hunpassage dred and ninety-two, whenever and so often as the President shall through Saint be satisfied that the passage through any canal or lock connected Marys Falls Canal when unjust with the navigation of the Saint Lawrence River, the Great Lakes, charges are or the water ways connecting the same, of any vessels of the United made for navigation of Saint States, or of cargoes or passengers in transit to any port of the Lawrence Riv- United States, is prohibited or is made difficult or burdensome by er, etc.. by the imposition of tolls or otherwise which, in view of the free pasUnited States vessels, etc. sage through the Saint Marys Falls Canal, now permitted to vesSee Procs., p. sels of all nations, he shall deem to be reciprocally unjust and un

54.

Tolls.

Proviso.

reasonable, he shall have the power, and it shall be his duty, to
suspend, by proclamation to that effect, for such time and to such
extent (including absolute prohibition) as he shall deem just, the
right of free passage through the Saint Marys Falls Canal, so far
as it relates to vessels owned by the subjects of the government so
discriminating against the citizens, ports, or vessels of the United
States, or to any cargoes, portions of cargoes, or passengers in
transit to the ports of the government making such discrimina-
tion, whether carried in vessels of the United States or of other
nations.

In such case and during such suspension tolls shall be levied,
collected, and paid as follows, to wit: Upon freight of whatever
kind or description, not to exceed two dollars per ton; upon pas-
sengers, not to exceed five dollars each, as shall be from time to
time determined by the President: Provided, That no tolls shall

be charged or collected upon freight or passengers carried to and No charge for landed at Ogdensburg, or any port west of Ogdensburg, and south navigation west of Ogdensburg, of a line drawn from the northern boundary of the State of New N. Y. York through the Saint Lawrence River, the Great Lakes, and their connecting channels to the northern boundary of the State of Minnesota.

Collection of

SEC. 2. All tolls so charged shall be collected under such regulations as shall be prescribed by the Secretary of the Treasury, tolls. who may require the master of each vessel to furnish a sworn statement of the amount and kind of cargo and the number of passengers carried and the destination of the same, and such proof of Proof of destithe actual delivery of such cargo or passengers at some port or nation. place within the limits above named as he shall deem satisfactory; and until such proof is furnished such freight and passengers may be considered to have been landed at some port or place outside of those limits, and the amount of tolls which would have accrued if they had been so delivered shall constitute a lien, which may be lien. enforced against the vessel in default wherever and whenever found in the waters of the United States.

Approved, July 26, 1892.

Tolls to be a

CHAP. 253.-An act to amend "An act to authorize the construction of a July 26, 1892. bridge across the Tennessee River at or near Knoxville, Tennessee," approved August ninth, eighteen hundred and eighty-eight.

Tennessee Riv

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for the Bridge across commencement of the bridge authorized by an act entitled "An er at Knoxville, act to authorize the construction of a bridge across the Tennes- Tenn. see River at or near Knoxville, Tennessee," approved August Vol. 25, p. 395. the ninth, eighteen hundred and eighty-eight, be, and the same is hereby, extended one year from this passage of this act, and that the time for the completion of said bridge be extended three struction ex years from the same date.

Approved, July 26, 1892.

Time for con

tended.

CHAP. 265.-An act to authorize the construction of a bridge across the July 27, 1892. Savannah River.

Be it enacted by the Senate and House of Representatives of the United Middle GeorStates of America in Congress assembled, That the assent of the gia and Atlantic United States of America is hereby given to the Middle Georgia Railway Comand Atlantic Railway Company, a corporation incorporated by pany may the laws of the State of Georgia, its successors and assigns, bridge Savanand such other persons as may be associated with it, to construct Hutchinson Isand maintain a bridge over the Savannah River from the main land, Georgia land to Hutchinson Island, in the county of Chatham.

River

to

Secretary of War to a pprove plans, etc.

SEC. 2. That the bridge shall be so constructed, by draw-span Construction or otherwise, that a free and unobstructed passage may be secured to all vessels and other water craft navigating said river. That any bridge constructed under this act 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 shall submit to the Secretary of War, for his examination and approval, the design and drawings of the bridge, piers, and approaches, and a map of the location, giving, for the space of at least one mile above and one mile below the proposed location, the topography of the banks of the river, the shore lines at high water and at low water, and the direction and strength of the currents at all stages, and the sound

ings, accurately showing the bed of the stream, and the location of other bridge or bridges, wharves, landings, or ferries, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until said plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built, and after such approval by the Secretary of War the approved plans and designs for the bridge shall not be deviated from or added to either during the construction or after the completion of the bridge until the proposed change shall have been submitted to the Secretary of War and received his approval; and the said bridge 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 bridge, and if said Opening draw. bridge be built with a draw said draw shall be opened promptly upon reasonable signal for the passage of boats or other craft, and the said company or corporation shall maintain, at its own expense. Lights, etc. from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe; and if at any time the Unobstructed navigation of said river shall in any manner be obstructed or imnavigation. paired by the bridge authorized by this act to be constructed, the Secretary of War shall have authority, and it shall be his duty, to require said company to alter and change said bridge, at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if upon reasonable notice to said company, its successors or assigns, to make such change or improvements, the said company fails to do so, the Secretary of War shall have authority to make the same, and shall thereupon institute proceedings in the circuit court of the United States in and for the district in which any part of said bridge may be located for the recovery of the cost thereof: Provided, also, That nothing Existing laws in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operations of the same.

Litigation.

Proviso.

not affected.

Lawful struc

route.

SEC. 3. 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 munitions of war of the United States, or passengers or freight over said bridge than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge, and it shall enjoy the rights and privileges of other post roads of 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 have the right of way across said bridge and Postal tele- its approaches for said postal-telegraph purposes.

graph.

Use by other companies.

Terms.

Amendment.

etc.

Commencement and completion.

SEC. 4. That all railroad companies desiring the use of said bridge and its approaches shall have and be entitled tò equal rights and privileges relative to the passage of trains over the same upon 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 of them, desiring such use shall fail to agree upon the sum or sums to be paid or upon rules and conditions to which each shall conform in using said bridge and approaches, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structure, or its removal, at the expense of the owners thereof, whenever the Secretary of War shall decide that the public interest requires it, is also expressly reserved.

SEC. 6. 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 hereof.

Approved July 27, 1892.

CHAP. 269.- An act amending the act of October first, eighteen hundred and ninety, entitled "An act to provide for the examination of certain officers of the Army and to regulate promotions therein.”

July 27,1892.

Army.

Promotions.
Vol. 26, p. 562.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the act of October first, eighteen hundred and ninety, entitled "An act to provide for the examination of certain officers of the Army and to regulate promotions therein," is hereby amended by adding thereto the following: And provided further, That officers entitled by this section to examination by a board composed entirely of officers who were appointed from civil life, or who were officers of pointed from volunteers only during the war, may, by written waiver filed with civil life may the War Department, relinquish such right, in which case the ex- waive board of amination of such officers shall be conducted by boards composed as acter. shall be directed by the Secretary of War.

Officers ap

similar char

offl

SEC. 2. That the examination of officers of the Corps of Engineers and Ordnance Department who were officers or enlisted men Examination in the regular or volunteer service, either in the Army, Navy, or of engineer or the Marine Corps, during the war of the rebellion, shall be con- ordnance ducted by boards composed in the same manner as for the examina- cers who served tion of other officers of their respective corps and department; and during the rethe examinations shall embrace the same subjects prescribed for all other officers of similar grades in the Corps of Engineers and Ordnance Department, respectively. Approved, July 27, 1892.

bellion.

Subjects.

CHAP. 271.—An act to authorize the construction of jetties, piers, and breakwaters at private expense in the Gulf of Mexico, at the mouth of Ropes Pass, in the State of Texas.

July 27, 1892.

construct jet

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Port Ropes Com- Port Ropes pany, a corporation existing under the laws of the State of Texas, Company may which has partially constructed a ship channel across Mustang ties, etc., MusIsland, in said State, for the purpose of obtaining a deep-water tang Island, harbor upon the coast of Texas, at its own cost and expense, by Texas. connecting the waters of Corpus Christi Bay with those of the Gulf of Mexico, be, and is hereby, authorized to protect the gulf entrance to said ship channel, and to further prosecute its project of obtaining and maintaining a deep-water harbor, by constructing suitable jetties, piers, and breakwaters as far out into the waters of the Gulf of Mexico as may be requisite to obtain and maintain a channel with a depth of thirty feet, more or less. SEC. 2. That said work shall be prosecuted by the said the Port Completion. Ropes Company, its successors and assigns, diligently, and completed within seven years from the passage of this act and entirely at its own expense, and nothing in this act shall be construed as committing the Government of the United States to any expenditure for the whole or any part of the same. And the said company shall hold the United States harmless from any damage that may accrue to any person or persons by reason of the construction of its not liable for damages, etc. work. United States

United States

works on com

SEC. 3. That at any time after said improvements and works have been completed as herein provided, and a depth of twenty feet has may rchase been obtained, the United States shall have the right to pay the pletion. said company, or their assigns, successors, or legal representatives, the value of the works constructed under this act or under or by virtue of any authority granted by the State of Texas, which value shall be ascertained by appraisement to be made by three officers of the Engineer Corps of the United States Army, who shall be appointed for that purpose by the Secretary of War, and on such payment being made by the United States all rights to said work on the part of said parties shall cease; but nothing in this act shall be

Appraisement