reserved. culty in passing the draw-opening of said bridge, by rafts, steamboats, or other water-craft, it shall be the duty of the said Secretary, on satisfactory proof thereof, to require the company or persons owning said bridge to cause such aids to the passage of said draw-opening to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of said rafts, steamboats, and other water-craft safely through said opening as shall be specified in his order in that behalf; and on failure of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer 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 the district court of the United States in which said bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. Specified rights SEC. 7. That the right to alter, amend, or repeal this act is hereby of United States expressly reserved, and the right to require any changes in said structure or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 3, 1882. July 3, 1882. CHAP. 267.-An act to authorize the Rock Island and Southwestern Railway Company to construct a bridge over the Mississippi River at New Boston, State of Illinois. Be it enacted by the Senate and House of Representatives of the United Rock Island States of America in Congress assembled, That it shall be lawful for the and Southwest Rock Island and Southwestern Railway Company, a corporation organern Railway Company to con- ized under the general incorporation laws of the State of Illinois, its struct bridge successors and assigns, to construct, under and subject to the conditions over Mississippi and limitations hereinafter provided, a bridge across the Mississippi River at New River at or near the city of New Boston, and lay on and over said bridge Boston, Ill. a railway track or tracks, for the more perfect connection of its road to be constructed, and such other roads as may now be or hereafter may be constructed to said river from its east and west banks, and to build and lay on and over said bridge ways for wagons and vehicles of all kinds, and for the transit of passengers on foot, and also of live stock for such reasonable rates of toll as may be approved from time to time by the Secretary of War, and to keep up and inaintain said bridge for the purposes aforesaid. Provided, That Congress may at any time prescribe such rules and regulations in regard to toll and otherwise as may be deemed reasonable. Rates of toll. Proviso. Draw. Spans. Piers. Lights. Plan to be ap proved by Secre tary of War. Provisos. 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, and with spans of not less than two hundred feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall not be less than two hundred and fifty feet, and said spans shall not be less than ten feet above extreme high water mark and not less than thirty feet above low-water mark, measured to the bottom chord of the bridge, and the piers of said bridge shall, as nearly as practicable, be parallel with the current of said river: Provided, That said draw shall always be opened promptly upon reasonable signal; and said company, or its successors and assigns, shall at all proper times keep and maintain all proper lights on said bridge during nights, so that its presence may always be noticed by vessels and craft navigating the channel of said river. And all plans for the construction of said bridge and approaches thereto must first be submitted to the Secretary of War for his approval; and when the same shall be approved by said Secretary the work thereon may be commenced and prosecuted to completion: And provided further, That said bridge shall, as nearly as may be, be constructed at right angles with said river or the current thereof; 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 company may then proceed with the construction according to said change; And provided further, That Not to impede if said bridge when constructed shall, in the opinion of the Secretary free navigation. of War, be a substantial obstruction to the navigation of said river, the said Secretary shall require said company to change the construction thereof so as to avoid any serious and substantial obstruction to the navigation of said river at the expense of the owners of said bridge. SEC. 3. That the bridge hereby authorized shall be a lawful structure, and shall be a post-route, upon which no higher charge shall be ful structure, and made for the transportation of the mails of the United States, and the a post-route. 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. Declared a law SEC. 4. That all railroad companies desiring the use of said bridge Railroad comshall have and be entitled to equal rights and privileges relative to the panies to have passage of railway trains or cars over the same, and over the approaches equal rights, etc.; failure to agree thereto, upon payment of a reasonable compensation for such use; and on compensation in case the owner or owners of said bridge and the several railroad for use of bridge companies, or any one of them, desiring such use shall fail to agree to be decided by upon the sum or sums to be paid, and upon rules and conditions to Secretary of War. 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 proofs of the parties; Provided, That the provis- Proviso. SEC. 5. 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 Mississippi 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. 17 Stat., 44. ures as aids to of SEC. 6. That it shall be the duty of the Secretary of War, on satis- Special structfactory proof that a necessity exists therefor, to require the company passage or persons owning said bridge to cause such aids to the passage of said bridge, etc. bridge to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of rafts, steamboats, and other water-craft safely through the passage-way, as shall be specified in his order in that behalf; and on failure of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer 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 district court of the United States in which such bridge or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. Penalty. reserved. SEC. 7. That the right to alter, amend, or repeal this act is hereby Special rights expressly reserved. And the right to require any changes in said of United States structure or its entire removal at the expense of the owners thereof whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 3, 1882. CHAP. 281.-An act to authorize the construction of a railroad bridge across the July 8, 1882. Sault Sainte 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 the Sault Sainte Marie Bridge Company, a corporation duly organized by Marie Bridge and under the laws of the State of Michigan, whenever due authority Company to construct bridge shall have been given to any person or corporation by the Dominion of across the Sainte Canada with the sanction of the British Government to build or join Marie River. in the building of a bridge for such purpose, to build a bridge across the Sainte Marie River at or near the rapids in said river, in Chippewa County, Michigan, for the use of and connection of railroads whose business crosses or will cross the river at said locality, and whose lines Right of rail of road are now, or may hereafter approach the river at that place; roads to use of and that when constructed all the trains of all the roads terminating bridge; compen at said river at that place, or opposite thereto, shall be allowed to sation therefor. Plan and loca mitted to Secre cross the said bridge for reasonable compensation to be made to the owners thereof, under the limitations and conditions hereinafter mention ed. And in case of litigation arising from any obstruction or alleged obstruction to the free navigation of the said river within the waters of the United States, the cause may be tried before the district court of the United States of the State in which any portion of said obstruction or bridge touches. SEC. 2. That it shall be the duty of said Sault Sainte Marie Bridge tion to be sub- Company before entering upon the construction of said bridge to subtary of War for mit to the Secretary of War, for his approval a drawing and descriphis approval. tion fully showing the plan and location proposed for said bridge; and the construction thereof shall not be entered into until such approval of the plan and of the location of the site of the bridge has been obtained. Drawbridge between Lakes Huron and Superior. SEC. 3. That any bridge constructed under the provisions of this act over ship canal shall have one pivot draw-bridge over the ship-canal connecting Lakes Huron and Superior, convenient for the passage of ships, vessels, and steamboats, and of the entire width of said canal, clear of all obstructions of every kind from said bridge, and twenty five feet additional over the tow-path on either side whenever said draw is open; said draw-bridge to be of such length as to conform to these conditions, and the said bridge shall not be less than ten feet high above high-water mark in said canal, measuring to the bottom chord of the bridge; and the said draw shall be opened promptly, upon reasonable signal, for the passage of boats and vessels, except when trains are passing over the same, but in no case shall unnecessary delay occur in opening said Regulations for draw during or after the passage of trains; and the operation or workoperating drawing of said drawbridge shall at all times be under the supervision of pervision of Sec- the Secretary of War, and shall be subject to such rules and regularetary of war. tions as he may prescribe. bridge; under su Declared a law. SEC. 4. That any bridge constructed under this act, and according ful structure and to its limitations, shall be a lawful structure and shall be recognized post-route. and known as a post-route, upon which also no higher charge shall be made for the transportation over the same of the mails of the United Charges for States, or for passengers or freight passing over said bridge, than the transportation of rate per mile paid for their transportation over the railroads or public highways leading to said bridge. mails, etc. Ice-breakers or piers. Proviso. Tolls for travel of persons, etc. SEC. 5. That said bridge company shall have the right to locate, hold, and possess said post-route and bridge and right of way for the width which the length of the draw-bridge will require for space to swing in. It shall also be lawful to place ice-breakers or piers above the said bridge in said river, for the safety and protection of said bridge: Provided, That the rights of navigation and of private parties be in all cases respected. SEC. 6. That any bridge constructed under the provisions of this act may be constructed not only for the purposes of railroad business, but also for travel of persons, horses, teams, and carriages, in which case the said company or corporation may charge reasonable toll therefor, subject to regulation and revision from time to time by the Secretary of War of the United States. Secretary of SEC. 7. That all railway companies desiring to use the said bridge War to hear and shall have and be entitled to equal rights and privileges in the pasdetermine cases sage of the same, and in the use of the machinery and fixtures thereof, of disagreement. and of all approaches thereto, under and upon such reasonable terms Proviso. Special rights reserved. and conditions and subject to such rules and regulations as shall be prescribed by the Secretary of War of the United States, upon hearing the allegations and proofs of the parties, in case the parties themselves be unable to agree. 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 companies for the use of said bridge. SEC. 8. That the right to alter, amend, or repeal this act is hereby of United States expressly reserved. And the right to require any changes in said structure or its entire removal at the expense of the owners thereof whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 8, 1882. CHAP. 283.-An act to authorize the construction of bridges over the rivers Saint Be it enacted by the Senate and House of Representatives of the United July 8, 1882. SEC. 1. That the Fernandina and Jacksonville Railroad Company, Bridges over and the East Georgia and Florida Railroad Company be, and are the rivers Saint hereby, authorized, to construct a bridge over the river Saint Marys Marys, Satella, Little Satella, in the County of Camden and State of Georgia, and in the county of and Crooked, in Nassau and State of Florida, at the point where said railroads cross States of Georgia said river. SEC 2 That the East Georgia and Florida Railroad Company be, and is hereby, authorized to construct a bridge over the river Satella, in the county of Camden, in the State of Georgia, at the point where said railroad crosses said river. SEC. 3. That said bridges shall be so constructed either by draw span, or otherwise, so that a free and unobstructed passage may be secured to all vessels and other water craft navigating said rivers. SEC. 4. That the said East Georgia and Florida Railroad Company be, and is hereby, authorized to construct fixed bridges over the Little Satella river between the counties of Camden and Glynn, and over Crooked River in the county of Camden in said State of Georgia at the points selected by said company where said railroad crosses said rivers, with one span, and to make said bridges of such height as they may see fit, Provided That the height be sufficient to permit the passage of timber-rafts and other vessels navigating said rivers under said bridges. and Florida. Free navigation preserved. Proviso. Declared a law SEC. 5. That any bridge built under this act, and subject to its limitations, shall be a lawful structure, and shall be recognized and known ful structure and a post-route. 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, or passengers or freight passing Charge for over said bridge, than the rate per mile paid for the transportation transmission of over the railroads or public highways leading to the said bridge; and mails, etc. it shall enjoy the rights and privileges of other post-roads in the United States. Not to obstruct SEC. 6. That if any of the said bridges authorized to be constructed Draw-bridge. by this act shall be constructed as a draw bridge, the draw-shall be opened promptly upon reasonable signal for the passage of boats, and said company or corporation shall maintain at its own expense from sunset till sunrise such lights or other signals on said bridge or bridges, Lights. as the Light-House Board shall prescribe. 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, navigation. 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 obstructions shall be removed, and alterations made, at the expense of the owner or owners of said bridge. Provided, That nothing 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 erected under this act from the operation of the same. SEC. 7. 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 railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such nse; 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 proofs of the parties. Proviso. Use of by railroads. Tolls. SEC. 8. 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, said company or corporation shall submit to the Secretary of War, a design and drawings of said bridge Approval to be erected, for his examination and approval, and a map of its loca- plans and location, and shall furnish such other information as may be required for a fall and satisfactory understanding of the subject, and in all things tion. of Right to alter. July 12, 1882. ern Railroad to shall be subject to such rules and regulations as may be prescribed by the Secretary of War, and until said plan and location of said bridge or bridges are approved by the Secretary of War, said bridge or bridges shall not be built; and should any change be made in the plan of any bridge authorized to be constructed by this act during the progress of the work of construction, such change shall be subject to the approval of the Secretary of War. SEC. 9. That the right to alter, amend or repeal this act is hereby expressly reserved, and the right to require any changes in said structures or their entire removal at the expense of the owners thereof whenever Congress shall decide that the public intrest requires it, is also expressly reserved. Approved, July 8, 1882. CHAP. 291.-An act authorizing the New Orleans and Northeastern Railroad to con struct bridges over the channels of Pearl River and Lake Pontchartrain. Be it enacted by the Senate and House of Representatives of the United New Orleans States of America in Congress assembled, That the New Orleans and and Northeast Northeastern Railroad Company, a corporation organized for the purconstruct bridge pose of constructing a railroad between New Orleans, Louisiana, and over East Pearl Meridian, Mississippi, be, and is hereby, authorized and empowered to River West construct, build, and maintain bridges over and across the navigable Pearl River, and waters of the United States on the route of said railroad from New Lake Pontchartrain, etc. Orleans, Louisiana, to Meridian, Mississippi, as now located, or as said route may hereafter be located, for the use of said company, and the passage of its engines, cars, passengers, mails, and merchandise thereon: Provided, however, That said company shall construct its bridges over and across the waters known as East Pearl River, West Pearl River, and Lake Pontchartrain, in accordance with such plans devised for the safe passage of vessels as shall be approved by the Secretary of War; and that said company shall construct and maintain such facilities and be governed by such regulations for the passage of vessels as the Secretary of War shall approve. Proviso. Declared a law. Tolls. SEC. 2. That any bridge built under this act and subject to its limitaful structure and tions shall be a lawful structure, and shall be recognized and known post-route. 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, or for passengers and freight passing over said bridge, 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 post roads in the United States. Spans. Proviso. Draw-bridge. Proviso. SEC. 3. That if said bridges shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main spans shall be over the main channels of the rivers and lakes across which said bridges may be constructed, and the bridges shall be at right angles to and their piers parallel with the current of said rivers and lakes: Provided, That if the same shall be constructed as draw bridges, the draws or pivots shall be over the main channels of said rivers and lakes at accessible points, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridges shall be parallel with and the bridges at right angles to the current of the channels, and the spans shall not be less than ten feet above high water mark, as understood at the point of location, to the lowest part of the superstructure of said bridges: Provided, That said draws shall be opened promptly by said company, upon reasonable signal, for the passage of boats; and said company or corporation shall maintain, at its own expense, from suuLights. set to sunrise, such lights or other signals on said bridges as the LightNot to obstruct House Board shall prescribe. No bridge shall be erected or maintained free navigation. under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said rivers and lakes; 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 or owners of said bridges. And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said rivers caused or alleged to be caused by said bridges, the case may be brought |