transmission over the same of the mails, the troops, and the munitions of war of the United States, or for through passengers or freight passing over said bridge than the rate per mile for their transportation over any railroad or other routes leading to said bridge, or over said stream in the vicinity; and the United States shall have the right of way for a telegraph across said bridges; the said bridge to be built Aids to navi and located under and subject to such regulations for the security of gation. navigation on said bay and creek 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, a design and Maps, etc. drawing of such bridge across Young's Bay, and an accurate map of Young's Bay from the mouths of its navigable tributaries to the adjacent ship channel, and whose topography of the shores and hydrography shall accurately represent the banks, the bottom, and steam-boat channels by contours of six feet, and which shall be accompanied by other maps, drawn to a scale of one inch to two hundred feet, giving, within areas of one-fourth of a mile from each draw-span, an accurate representation of the bottom of the bay by contour lines two feet apart, determined by accurate soundings, and also showing the force and direction of the currents at each two feet of tidal stage, by triangu lated observations on suitable floats; also showing the Skipanon Creek to the head of usual navigation. The maps shall also show the locations of other bridges in the vicinity, and shall give such other information as the Secretary of War may require for a full and satisfactory understanding of the subject. SEC. 3. That if other railroad corporations shall desire to use the Use by other bridges her in authorized to be constructed for the passage over the companies. same of their locomotives, cars or trains, they shall have such privilege upon terms to be agreed upon between such corporations and the owners or lessees of said bridges, and if the parties cannot agree upon such terms then the matter shall be determined by the Secretary of War, whose decision upon the subject shall be final. Terms. Amendment, SEC. 4. That Congress shall have power, at any time, to alter or amend this act so as to prevent or remove all material and substantial etc. obstructions to the navigation of said bay and said creek by the construction of said bridges and accessory works; and the expense of altering said bridges or removing said obstructions shall be borne by the owners of said bridges. SEC. 5. If the construction of the bridges hereby authorized shall not Commence be commenced within two years and finished within four years from ment and com. the time this act takes effect then all the privileges and powers herein pletion. granted shall cease and this act shall be null and void. Approved, March 1, 1889. CHAP. 316-An act to amend an act entitled "An act granting to the city of Grand March 1, 1869. Vol.25, p. 758. Bridges across North at Grand Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of an act entitled "An act granting to the city of Grand Forks, Dakota, the right Red River of the to build two free bridges across the Red River," approved May twenty: Forks, Dak. first, eighteen hundred and eighty-eight, be, and it is hereby, amended Laws 1st sess. by inserting after the words under this act," in line one, the words 50th Cong., p. 53. "below the mouth of the Red Lake River;" and further, after the Words "said bridge," in line eleven, insert as follows: "And any bridge Construction of built under this act, above the mouth of the Red Lake River, shall bridges amended be built with one draw-span of not less than eighty-seven feet in the clear, measured at low water, and this draw-span shall be over the main channel at the most accessible and best navigable point, and the other span may be less than eighty feet and be kept clear of trestlework;" and the spans shall not be of less elevation than three feet above extreme high water mark as known at the point of location, measured to the lowest part of the superstructure of said bridge; also, by inserting in line thirteen, after the words "parallel to," as follows: "And except above the mouth of the Red Lake River;" and also by inserting in line fifteen, after the word "stream," as follows: "And above the mouth of the Red Lake River the bridge may be placed at an angle of eighty-three degrees with the direction of the current of the stream." Approved, March 1, 1889. March 1, 1889. Vol. 25, p. 760. CHAP.318.-An act to authorize the Kentucky Union Railway Company to con struct a bridge across the Kentucky River and its tributaries. Be it enacted by the Senate and House of Representatives of the United Kentucky Union States of America in Congress assembled, That the Kentucky Union RailRailway Com- way Company, a corporation organized under act of the general assempany may bridge bly of the Commonwealth of Kentucky, be, and it is hereby, authorKentucky River and tributaries. ized to construct and maintain a bridge and approaches thereto over the Kentucky River, in the State of Kentucky, and also a bridge or bridges over the navigable tributaries or forks of said river at such point or points as said company may deem suitable for the passage of its said road over said river or its said tributaries or forks. Said bridge or bridges shall be constructed to provide for the passage of railway trains, and, at the option of the company by which it or they may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers; but the rate of tolls charged by said company for the passage of wagons and vehicles shall first be approved by the Secretary of War, and no tolls shall be collected unless the amount thereof is so approved. Railway, wagon, and foot bridge. Lawful struct route. SEC. 2. That any bridge built under this act and subject to its limiture and post- ations shall be a lawful structure, and shall be recognized and known as a post-route, 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 apPostal telegraph. proaches for postal-telegraph purposes. Secretary of War to approve plans, etc. Changes. Use by other companies. Compensation. Secretary of War to decide. Commencement SEC. 3. 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 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 the bridge and a map of the location thereof; 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; and all the expense of said change shall be paid by the parties owning or controlling such bridge or bridges. SEC. 4. That all railroad companies desiring the use of said bridge or bridges shall have and be entitled to equal rights and privileges relating to the passage of railway trains over the same and over the approaches thereto upon the payment of reasonable compensation therefor; and in case the owner or owners of said bridge or bridges and the railroad company or companies desiring to use the same shall fail to agree upon the terms with reference to the use of same, all matters of 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 this act shall be null and void if actual construction of and completion. the bridge or bridges herein authorized be not commenced within two years and completed within five years from the date thereof. SEC. 6. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved. Approved, March 1, 1889. March 1, 1889. Vol. 25, p. 769. Anniston and CHAP. 322.-An act to authorize the construction of a bridge across the Coosa River at Gadsden, in the State of Alabama. Be it enacted by the Senate and House of Representatives of the United Cin innati Rail- States of America in Congress assembled, That the Anniston and Cinroad Company cinnati Railroad Company, a corporation created and existing under may bridge Coo sa River at Gads. the laws of the State of Alabama, having constructed a bridge, and apden, Ala. proaches thereto, over the Coosa River, at or near Gadsden, in Eto Proviso. wah County, on a direct line from Anniston, in Calhoun County, to Railway, wagon, and foot SEC. 2. That the bridge authorized under this act and subject to its Lawful structlimitations shall be a lawful structure, and shall be recognized and ure and postknown as a post-route, and shall enjoy the rights and privileges of route. other post-roads in the United States. That no higher charge shall be made for the transmission over the same of the mail, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile for their transmission over the railroad 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 for postal-telegraph purposes; that the said bridge shall, either Postal teleby draw, span, or otherwise, provide and secure a free and unobstructed graph. passage-way to all watercraft navigating said river at the point afore- Unobstructed said: Provided, That said bridge authorized by this act being con- navigation. structed as a drawbridge the draw shall be opened promptly upon reasonable signals for the passage of boats or vessels, and said 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: And provided further, That nothing herein contained shall be held to alter or affect existing laws as to the removal of bridges obstructing the navigation of rivers when the Secretary of War shall so determine. Provisos. Lights, etc. Existing laws. SEC. 3. That all railroad companies desiring the use of said bridge Use by other shall have and be entitled to equal rights and privileges relative to companies. the passage of railway trains over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railway 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 in issue between them shall be decided by the Secretary of War upon the hearing of the allegations and proofs of the parties. Secrerary of War to decide. Secretary of SEC. 4. That said company shall submit to the Secretary of War for his examination and approval the design and drawings of the bridge War to approve and a map of the location, giving the topography of the banks of the plans, etc. 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, and if the Secretary of War, upon an examination of the papers to him submitted, shall require any change in the location or plans of said bridge, or its entire removal, the company shall, at its own expense, comply with such requirements; and if any change be made in the plan of said bridge such change shall be subject to the approval of the Secretary of War; and if any litigation shall be had in regard to said bridge, by reason of said bridge being alleged to be an obstruction to the navigation of said Coosa River, the same shall be in Litigation. the circuit court of the United States in whose territorial jurisdiction said bridge or any part thereof is located. SEC. 5. That the right to alter, amend, or repeal this act is hereby Amendment, expressly reserved, and any alterations or changes that may be re- etc. quired by the Secretary of War in the bridge constructed under this act shall be made by the corporation owning or controlling the same at its own expense. Approved, March 1, 1889. CHAP. 357-An act to authorize the construction of a bridge for railway purposes March 2, 1889. across the Mississippi River between the States of Wisconsin and Minnesota, to Vol. 25, p. 788. be located north of and in the vicinity of the city of Alma, Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Soo and Southwestern Soo and South Western Rail way Company may bridge Mississippi River at Alma, Wis. Proviso. Tolls, etc. Draw. Spans. Provisos of spans. Size. Railroad Company, a corporation organized under the laws of the State of Wisconsin, and its successors and assigns, be, and they are hereby, authorized to construct and maintain railway bridge and approaches thereto across the Mississippi River between the States of Wisconsin and Minnesota from a point just north of the Beef Slough cut-off, in section twenty one, township number twenty-two north, of range thirteen west, of the fourth principal meridian, above the city of Alma, in the county of Buffalo, Wisconsin, to and upon the west bank of said river, in the county of Wabasha, in the State of Minnesota: Provided, That Congress may at any time pre-cribe snch rules and regulations in regard to toll and otherwise as may be deemed reasonable. SEC. 2. That said bridge shall be built with a draw, so as not to impede the navigation of said river; said draw shall be a pivot-draw, over the channel of said river usually navigated, near the Wisconsin shore, and 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 in addition to said draw opening shall have one or more fixed channelspans, each having not less than three hundred and fifty feet clear channel-way, and every part of the superstructure of said bridge shall give a clear head-room of not less than ten feet above high-water mark: Provided, That all spans shall be so located as to afford the Location of greatest possible accommodation to the river traffic, and a draw opening shall, if practicable, be located next or near shore: Provided, also, That if the physical characteristics of the locality so require and the interests of navigation be not injured thereby, the lengths of the fixed spans or the number of draw-openings may be reduced: Provided, also, That for every two adjacent openings of two hundred feet each, one draw opening of three hundred feet may be substituted if the interests of navigation be not injured thereby: Provided, That said draw shall Opening draw. always be opened promptly upon reasonable signal, and said 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: And provided further, That no bridge shall be built under the provisions of this act except there also be built at the time of the Aids to navi erection of the piers proper sheer-booms, or other proper protections, gation. to safely guide boats, vessels, rafts, and other water-craft through said draw-spans and the raft-spans of said bridge. Lights, etc. Secretary of SEC. 3. That any bridge authorized to be constructed under this act War to approve shall be built and located under and subject to such regulations for the plans, etc. security of navigation on said river as the Secretary of War shall prescribe; and to secure that object the said corporation shall submit to the Secretary of War, for his examination and approved, a design and drawings of the bridge 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 extreme high and low water, the direction 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 said bridge shall not be built until the plan and location thereof are approved by the Secretary of War, but when so approved the work on said bridge and the approaches thereto, and the accessory works, may be commenced and prosecuted to completion: Provided, That as nearly as practicable the said bridge shall be at right angles to, and the piers parallel with, the current of said river: And provided further, That any change in the mode of construction of said bridge shall be first submitted to the said Secretary for his approval, and when approved the said corporation may then proceed with the construction in accordance with said change. And provided, also, That if said bridge when constructed shall, in the Not to obstruct opinion of the Secretary of War, be a substantial obstruction to the navigation. navigation of said river, the said Secretary shall require said corporation to change the construction thereof, or to remove the same entirely, so as to avoid any serious and substantial obstruction to the navigation of said river at the expense of the owners of said bridge. Provisos. Changes. Lawful struct route. SEC. 4. That the bridge hereby authorized shall be a lawful structure, ure and post- and shall be a post-route upon which no higher charge shall be made for the transportation of the mails of the United States and the troops and munitions of war, or for passengers or freight passing over said bridge, than the rate per mile paid to railroads and transportation companies leading to said bridge, and it shall enjoy the rights and privileges of other post-roads in the United States, and the United States shall have the right of way for postal-telegraph purposes across said bridge. Postal telegraph. Terms. SEC. 5. That all railroad companies desiring the use of said bridge Use by other shall have and be entitled to equal rights and privileges relative to companies, the passage of railway trains or cars over the same, and over the approaches 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 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 War to decide. upon a hearing of the allegations and proofs of the parties: Provided, That the provisions of section four, in regard to charges for passengers and freight across said bridge, shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said railroad companies for the use of said bridge. SEC. 6. That this act shall be subject, except as above mentioned, to the limitations and provisions of an act entitled "An act to authorize the construction of a bridge across the Missisippi River at or near the town of Clinton, in the State of Iowa, and other bridges across said river, and to establish them as post-roads," approved April first, eighteen hundred and seventy-two. Secretary of Proviso. Determining compensation. General provis applicable. Vol. 7, p. 44. ions Ammendment, SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any change in such etc. structure, or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. Aids to naviga tion. SEC. 8. That it shall be the duty of the Secretary of War, on satisfactory proof that a necessity exists therefor, to require the corporation or persons owning said bridge to cause such aids to the passage of said bridge to be constructed, placed, and maintained at their own cost and expense in the form of booms, dikes, piers, or other suitable or proper structures for the guiding of rafts, steam-boats, and other water-craft safely through the passage-way as shall be specified in his order in that behalf; and on failure of the corporation or persons aforesaid to make and establish such additional structures within a To be estabreasonable time, the said Secretary shall proceed to cause the same lished by Secre to be built or made at the expense of the United States, and shall retary of War on failure. fer the matter without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any of the circuit courts of the United States, within the jurisdiction of which such bridge, or any part thereof is or may be located, for the recovery of the cost thereof; and all mopeys accruing from such proceedings shall be covered into the Treasury of the United States. SEC. 9. That this act shall be null and void, if actual construction of the bridge herein authorized be not commenced within two years, and completed within four years, from the date thereof. Approved, March 2, 1889. Suits for costs. Commencement and completion. CHAP. 362.-An act to authorize the Union Gas Company to lay conduit pipes March 2, 1889. across the Ohio River. Vol. 25, p. 791. Louis. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of congress is Union Gas Comhereby given to the Union Gas Company to lay pipes for conducting Pany natural gas, petroleum, or salt water across the Ohio River at such across Ohio RivMay lay pipes points as may be deemed necessary, between the mouth of Buck Creek, er. Jeffersonville, in Harrison County, Indiana, and the city of Jeffersonville, Indiana, Ind., to and points opposite thereto in the State of Kentucky, from any point in ville, Ky. said State to the upper boundary of the city of Louisville, Kentucky: Provided, That said pipes be laid upon or beneath the bed of the river and in such manner as not to interfere with navigation, and under the supervision of the Secretary of War. Approved, March 2, 1889. Proviso. Not to obstruct navigation. |