ter, and the northeast quarter of the northwest quarter, and the south- Proviso. United States to retain fee. CHAP. 21.-An act to authorize the Cairo and Tennessee Railroad Company to con- January 8, 1889. struct bridges across the Tennessee and Cumberland Rivers. Vol. 25, p. 640. Cairo and Ten Tennessee and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Cairo and Tennessee River Railroad Company, organized under act of the general assembly nessee River of the Commonwealth of Kentucky, be, and is hereby, authorized to Railroad Comconstruct and maintain bridges, and approaches thereto, over the Ten- pany may bridge nessee River at any point below Aurora, south boundary of Calloway Cumberland County, in the State of Kentucky, and the Cumberland River at any Rivers. point in Trigg County, State of Kentucky, and at any point in Monroe or Cumberland Counties, Kentucky, or in Clay County, Tennessee, on said river. Said bridges shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which wagon, and foot they may be built, may be used for the passage of wagons and vehicles bridges. of all kinds, for the transit of animals, and for foot-passengers. Railway, To be lawful post-routes. 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 structures and as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, 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 over said bridges for postal-telegraph Postal tele. graph. purposes. SEC. 3. That all railroad companies desiring the use of said bridges Use by other shall have and be entitled to equal rights and privileges relative to roads. the passage of railway trains over the same, and over the approaches thereto, upon the payment of a reasonoble compensation for such use; and in case the owner or owners of said bridges and the several rail road companies, or any of them, desiring such use, shall fail to agree Compensation. upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridges, 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. of SEC. 4. That any bridges authorized to be constructed under this Secretary act shall be built and located under and subject to such regulations War to approve for the security of navigation of said rivers as the Secretary of War plans, etc. 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 the bridges, 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 rivers, the shore-lines at high and low water, the direction and strength of the currents 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 bridges are approved by the Secretary of War the bridges shall not be commenced or built, and should any change be made in the plan of said bridges during the progress of construction such changes shall be subject to the approval of the Secretary of War. SEC. 5. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved. com SEC. 6. That this act shall be null and void if actual construction Commenceof the bridges herein authorized be not commenced within two years ment and and completed within three years from the date thereof. Approved, January 8, 1889. pletion. January 30, 1889. CHAP. 99.—An act to amend an act entitled "An act declaring that certain water Vol. 25, p. 654. reserve lands in the State of Wisconsin are and have been subject to the provis ions of the act of Congress entitled 'An act granting to railroads the right of way through the public lands of the United States,' approved March third, eighteen hundred and seventy-five," approved September tenth, eighteen hundred and eighty-eight. Be it enacted by the Senate and House of Representatives of the United Water reserve States of America in Congress assembled, That an act entitled "An act lands, Wisconsin. declaring that certain water reserve lands in the State of Wisconsin are and have been subject to the provisions of the act of Congress enVol. 18, p. 482. titled 'An act granting to railroads the right of way through the pubLaws, 1st sess. lic lands of the United States,' approved March third, eighteen bun50th Cong., p. 473, dred and seventy-five," approved September tenth, eighteen hundred and eighty-eight, be amended by striking out the words "November Date of procla- twenty-eighth, eighteen hundred and eighty-one," where they occur in mation corrected. said act, and inserting in lieu thereof the words "February twentieth, eighteen hundred and eighty-two." Approved, January 30, 1889. February 14, 1889. CHAP. 165.-An act to authorize and empower the Mount Carmel Development ComVol. 25, p. 670. pany to draw water from the Wabash River, or its tributaries, in the county of Wabash and State of Illinois. construct canal Be it enacted by the Senate and House of Representatives of the United Mount Carmel States of America in Congress assembled, That the Mount Carmel DevelDevelopment opment Company, a corporation created and existing under the laws of Company may the State of Illinois, be, and the same is hereby, authorized and emfrom Wabash powered to construct and operate, during its corporate existence, a hyRiver, Illinois. draulic canal from any point on the Wabash River above the lock and dam now in process of construction at the Grand Rapids of said Wabash River, or from any tributary of said river within the county of Wabash and State of Illinois, to any point on said river within the corporate limits of the city of Mount Carmel, Illinois; and to draw from said Wabash River or tributary thereof such supply of water as may be required for the purposes of such corporation: Provided, That such To be controll withdrawal be not detrimental to the interests of navigation and be ed by Secretary subject to the direction and control of the Secretary of War. Approved, February 14, 1889. Proviso. of War. February 14,1889. CHAP. 166.-An act for the relief of General William F. Smith. Be it enacted by the Senate and House of Representatives of the United William F. States of America in Congress assembled, That the President be, and he Smith. is hereby, authorized to nominate and by and with the advice and conMay be ap-sent of the Senate, to appoint William F. Smith, late major-general pointed major on United States volunteers, to the position of major of engineers in the Army retired Army of the United States, and to place him on the retired list of the Army as of that grade, (the retired list being thereby increased in number to that extent); and all laws and parts of laws in conflict herewith are suspended for this purpose only: Provided, That from and after Pension to the passage of this act no pension shall be paid to the said William F. Smith. list. Proviso. cease. Approved, February 14, 1889. February 23, 1889. CHAP. 204.-An act to authorize the construction of a bridge or bridges across the Vol. 25, p. 689. Mississippi River at La Crosse, Wisconsin. Be it enacted by the Senate and House of Representatives of the United La Crosse may States of America in Congress assembled, That the city of La Crosse, a bridge Missis municipal corporation in the county of La Crosse, State of Wisconsin, sippi River. Wagon and its successors or assigns, may construct and maintain a bridge for the foot bridge. passage of vehicles of all kinds, animals, and foot-passengers across the Mississippi River from some point within the corporate limits of Provisos. the city of La Crosse to Barron's Island, opposite the said city of La Crosse, and a bridge or bridges, for a like purpose, across that part of the Mississippi River west of the main channel of said river, from said Barron's Island to some point in the county of Houston, in the State of Minnesota: Provided, That it shall not be lawful to construct said bridge or bridges until the Secretary of War, after an examination and report by a board of three United States engineers, and appointed by etc. him, shall certify that the same will not materially obstruct the navi- Unobstructed gation of said river: And provided further, That the location and plan navigation. or manner of constructing said bridge or bridges shall be subject to the approval of the Secretary of War, and until approved by him the bridge Secretary of or bridges shall not be built; and there shall be submitted to the Sec- War to approve retary of War, for his examination and approval, a design or drawing plans, etc. of the bridge or bridges, 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 currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and all other information required. SEC. 2. That the city of La Crosse, its successors or assigus, shall have the right to charge and collect a reasonable rate of toll, not exceeding the amount limited by the laws of Minnesota or Wisconsin, and approved by the Secretary of War. Toll. SEC. 3. That this act shall be null and void if actual construction of Commence the bridge or bridges herein authorized be not commenced within one ment and comple year and completed within three years from the date of the passage hereof. tion. route. SEC. 4. That any bridge or bridges built under this act and subject Lawful structto its limitations shall be a lawful structure or structures and shall be ure and postrecognized and known as a post-road, 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 or bridges than the rate per mile paid for the transportation over the railroads or other 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 of way across said bridge and its approaches for postal telegraph purposes. SEC. 5. That the right to alter, amend, or repeal this act is hereby Amendment, expressly reserved. Approved, February 23, 1889. Postal telegraph. etc. CHAP. 207.-An act directing a survey of a road from the Aqueduct Bridge to Mount February 23, 1889. Vol. 25, p. 690. Be it enacted by the Senate and House of Representatives of the United Mount Vernon, States of America in Congress assembled, That the Secretary of War be, Va. and he is hereby, authorized and directed to detail one or more engi- Survey of road from Aqueduct neer officers of the Army to make the necessary surveys for a national Bridge to, auroad from a point in Alexandria County, Virginia, at or near the Vir- thorized. ginia end of the Aqueduct Bridge, and thence through the counties of Alexandria and Fairfax, in said State, to Mount Vernon, who shall report the same, together with the estimated cost of building such road, to the Secretary of War, who shall transmit the same to Congress. SEC. 2. That the sum of of ten thousand dollars, or so much thereof Appropriation. as may be necessary, to be expended under the direction of the Secretary of War be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses of the United States in carrying out the provisions of this act. Provided, That nothing herein shall be construed to bind the Government of the United States to pay for any portion of the right of way for the avenue contemplated by this act. Approved, February 23, 1889. ENG 89-27 Proviso. No liability to buy right of way. February 25, CHAP. 235.—An act to authorize the construction of a bridge across the Missouri 1889. Vol. 25, p. River between the city of Leavenworth, in the State of Kansas, and Platte County, 691. in the State of Missouri. and Be it enacted by the Senate and House of Representatives of the United Leavenworth States of America in Congress assembled, That the Leavenworth and Platto Platte County Bridge Company, a corporation duly organized and exCounty Bridge isting under the laws of the State of Kansas, its successors and assigns, Company may bridge Missouri be, and are hereby, authorized to construct and maintain a bridge and River at Leaven approaches thereto across the Missouri River between the city of Leav worth, Kaus. enworth in the State of Kansas, and Platte County, in the State of Post, p 883. Missouri, at some point at least one-fourth of a mile from any other bridge, to be selected consistent with the interests of river navigation. Railway, wag Said bridge shall be constructed to provide for the passage of railway trains, wagons, and vehicles of all kinds, 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, its successors and assigns, and be approved from time to time by the Secretary of War. on, and foot bridge. Toll. ure route. SEC. 2. That any bridge built under this act and subject to its limitLawful struct- ations shall be a lawful structure, and shall be recognized and known and post- 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 the said bridge, and it shall enjoy the rights and privileges of other postroads in the United States; and equal privileges in the use of said bridge shall be granted to all telegraph companies, and the United States shall have the right of way across said bridge and its approaches Postal tele- for postal-telegraph purposes. graph. Construction. Spans. Provisos. Lights, etc. SEC. 3. That said bridge shall be constructed as a ponton draw-span bridge, and shall contain a ponton draw-span of not less than four hundred feet in length, which draw-span shall be maintained over the main channel of the river at an accessible and navigable point, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river: Provided, also, That said draw Opening draw. shall be opened promptly by said company upon reasonable signal for the passage of boats and rafts, and said company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this Unobstructed act which shall at any time substantially or materially obstruct the navigation. free navigation of said river, and if any bridge erected under such au thority 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 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 Kansas in which 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 Existing laws. the provisions of the law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation Wagon and of the same: Provided, That said company may construct a wagon and foot bridge pro- foot bridge alone, and in case of the construction of a wagon and foot bridge alone the draws shall be of the same length herein provided, and shall be of such construction as shall be approved by the Secretary of War, and shall be subject to all the provisions herein contained in respect to being promptly opened to admit of the unobstructed navigation of said river, and of keeping the same lighted as herein provided in case of railroad and wagon bridge, and in such case the provisions herein in relation to use for railroad purposes shall not apply. Litigation. visions. Use by railroads. SEC. 4. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same and over the apCompensation. proaches thereto, 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 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 Secretary a hearing of the allegations and proofs of the parties. War to decide. of of SEC. 5. That any bridge authorized to be 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 Secretary prescribe; and to secure that object the said company or corporation War to approve shall submit to the Secretary of War, for his examination and ap- plans, etc. proval, a design and drawings of the bridge, and a map of the loca ion, giving, for the same space of one-half mile above and one-half 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 currents 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 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 progress of construction such change shall be subject to the approval of the Secretary of War. SEC. 6. 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 entire 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. Amendment. SEC. 7. That this act shall be null and void if actual construction of Commencethe bridge herein authorized be not commenced within one year and ment and comcompleted within three years from the date thereof. Approved, February 25, 1889. pletion. CHAP. 240. An act to amend an act approved March third, eighteen hundred and February 25, eighty-five, to authorize the construction of bridges across the Cumberland and 1889. Caney Fork Rivers, in Tennessee. 695. Vol. 25. p. Be it enacted by the Senate and House of Representatives of the United Bridges across States of America in Congress assembled, That section one of an act ap- Cumberland and proved March third, eighteen hundred and eighty-five, entitled "An Caney Fork Riv. act to give the assent of Congress to the construction of a railroad Former act bridge by the East and Middle Tennessee Railroad Company over the amended. Cumberland and Caney Fork Rivers," be amended so as to read: ers. Nashville and Vol. 23, p. 445. "That the Middle and East Tennessee Central Railroad Company Middle and and the Nashville and Knoxville Railroad Company, or either of said East Tennessee companies, or any company with which either may consolidate, be, Central Railroad and are hereby, authorized to construct and maintain a bridge and Company and approaches thereto over the Cumberland River at the most accessible Knoxville Railpoint in or near the limits of Carthage, county of Smith, and State of road Company Tennessee. Said bridge shall be constructed to provide for the pas- may bridge Cum berland River at sage of railroad trains across said river, and, in the discretion of said Carthage, Tenn. company or companies, wagons, horses, and foot passengers. And Congress shall have the right to regulate the tolls and charges in respect of the use of said bridge." Bridge over Caney Fork SEC. 2. That section six be amended so as to read: "Said company or companies, or either of them, is hereby also authorized to construct a railroad bridge over the Caney Fork River at such point as may be necessary in the building of their road, subject River. to the provisions and limitations contained in the preceding sections Vol. 23, p. 446. of this and the act it is intended to amend." SEC. 3. That said act is hereby so amended as to empower the Sec- Plans subject retary of War to use his discretion, in the approval of the plans of to discretion of the bridges therein provided for, as to the height they shall be placed Secretary of above high water, and the length of span that shall be given the main War. channel span whether the bridges be of continuous spans or with a draw span: Provided, the bridges or either of them shall not be so con- Provisos. structed as to limit or obstruct the navigation of said river or rivers: |