Amendment.

Changes.

Other companies may use.

Secretary of War for his approval, ana until he approve the plan and location of said bridge it shall not be built; but upon the approval of said plan by the Secretary of War the said company or corporation may proceed to the erection of said bridge in conformity with said approved plan, and should any change be made in the plan of said bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War.

SEC. 3. That Congress reserves the right to alter, amend, or repeal this act at any time; and that if at any time navigation of the said river shall in the opinion of the Secretary of War be in any manner obstructed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to require the said railroad company to alter and change the 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 railroad company to make such changes or improvements the said company fails to do so, the Secretary of War shall have authority to make the same at the expense of said company, or to remove said bridge, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of the said river.

SEC. 4. That the bridge hereby authorized to be constructed may be used by any other railroad company desiring to cross the Ouachita River at the point where said bridge is built. The amount of compensation to be paid the corporation controlling said bridge shall be fixed by the parties; and in the event of their being unable to agree Secretary of War to on the amount, the Secretary of War shall establish such rate of compensation. The right of Congress to repeal, alter, or amend the provisions of this act is hereby expressly reserved.

decide rate.

Commencement and completion.

SEC. 5. That unless the construction of this bridge be commenced within one and completed within three years after the passage of this act, all privileges conferred hereby shall become null and void. Approved, July 16, 1888.

July 16, 1888.

Bridge Company may

Ter.

foot bridge.

CHAP. 622.-An act to authorize the Columbia River Bridge Company to construct and maintain a bridge across the Columbia River between the State of Oregon and the Territory of Washington, and to establish it as a post-road.

Be it enacted by the Senate and House of Representatives of the Columbia River United States of America in Congress assembled, That it shall be bridge Columbia River lawful for the Columbia River Bridge Company, a corporation creat La Camas, Wash. ated and existing under and by virtue of the laws of the State of Oregon, or its assigns, to erect, construct, and maintain a bridge over the Columbia River from La Camas in the Territory of Washington to a point on the westerly shore of the Sandy River in the State of Oregon. Said bridge shall be constructed to provide for the passage of the railway trains, and at the option of the corporation, or its Railway, wagon, and assigns, by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, foot passengers, and of all kinds of commerce, travel, or communication. SEC. 2. That any bridge built under the act and subject to its limitations shall be a lawful structure, and shall be recognized and known as a post-route upon which also no charges 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 or freight passing over said bridge than the rate per mile paid for the transportation over the railroad or public highways leading to 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

Lawful structure and post-route.

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.

Postal telegraph.

Proviso.

SEC. 3. That said bridge may be constructed as a draw-bridge, Draw. with an opening over the center of the channel of such width as the Secretary of War shall determine, and which shall be at least one hundred and twenty feet in the clear: Provided, also, That said draw shall be opened promptly upon reasonable signal for the pas- Opening draw. sage of boats, vessels, or other water-craft, and in no case shall unnecessary delay occur; 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, and such sheer-booms or other structures as may be necessary to safely guide vessels, boats, rafts, or other water-craft safely through said draw openings as shall be designated and required by the Secretary of War.

SEC. 4. That said bridge 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 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 high and low water, the direction and strength of the current at all stages, and the sounding, 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 are approved by the Secretary of War the bridge shall not be built, and should any changes be made in the plan of said bridge during the progress of construction, such change shall be submitted to the approval of the Secretary of War.

Lights, etc.

Secretary of War to approve plans, etc.

SEC. 5. That all railroad companies, desiring the use of said bridge, Other companies shall have and be entitled to equal rights and privileges relative to may use. the passage of railway trains, engines, 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 one of them, desiring such use, 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: Provided, That the provisions of section two, in regard to charges for Determining rates. 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 such railroad companies for the use of said bridge.

SEC. 6. That the right to alter, amend, or repeal this act, or to require any changes in such 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, and the right to prescribe such rules and regulations in regard to toll and otherwise, as may be deemed reasonable, are expressly reserved.

SEC. 7. 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 thereof.

Approved, July 16, 1888.

Secretary of War to decide terms. Proviso.

Amendment, etc.

Commencement and completion.

July 16, 1888.

North Dakota and pany may bridge Red River of the North,

Pacific Railroad Com

Minnesota and Dakota.

Ante, p. 214.

CHAP. 623.-An act authorizing the construction of a bridge across the Red River of the North.

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 hereby given to the North Dakota and Pacific Railroad Company, a corporation existing under the laws of the State of Minnesota, and to its successors and assigns, to construct and maintain a bridge and approaches thereto, across the Red River of the North, between the State of Minnesota and the Territory of Dakota, at such point on said river on the boundary-line between Norman or Polk County, in the State of Minnesota, and Traill or Cass County, in the Territory of Dakota, as may accommodate the lines of railroad which said corporation may build to said point. Said bridge shall be conRailway, wagon, and structed to provide for the passage of railway trains, and, at the option of the said corporation, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for reasonable rates or tolls to be fixed by said company; and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates or tolls.

foot bridge.

Tolls.

Draw.

Proviso.
Opening draw.

Lights, etc.

SEC. 2. That any bridge built under this act shall be constructed as a pivot draw-bridge, with a draw over the main channel at an accessible and the best navigable point, and with spans giving a clear water-way, measured at the lowest stage of water known at the locality, of not less than eighty feet in the clear on each side of the central or pivot pier of the draw; and the bottom chord of the bridge shall not be of less elevation than one foot above the plane of the highest flood known at the locality, and provision shall also be made in the location and construction of abutments and approaches to allow the free passage of flood water; and the piers of said bridge shall be parallel to and the bridge itself at right angles to the current of said river: Provided, That the said draw shall be opened promptly, upon reasonable signal, for the passage of boats and other watercraft, except when trains are passing over said draw; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains; 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 said corporation shall provide, at its own expense, such sheer-booms, guide piers, or other device as may be necessary to facilitate the safe passage of boats or other water-craft through the spans of said bridge. The said bridge shall be located and built under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said Secretary of War to company shall submit to the Secretary of War, for his examination and approyal, a design and drawing of said bridge, and a map of the location, giving, for the space, of one mile below and one mile above 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 and channel of the stream, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject, and until the said location and plan of the bridge hereby authorized to be constructed are approved by the Secretary of War, the said bridge shall not be built, and should any change be made in the plan of such bridge during the progress of the construction thereof, such change shall be subject to the approval of the Secretary of War, and in case of any litigation arising from the obstruction of or alleged obstruction caused by said bridge to the free navigation of said river, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of said bridge is located.

approve plans, etc.

Litigation.

Other companies

may use.

SEC. 3. That all railroad companies desiring the use of the bridge constructed under this act shall have and be entitled to equal rights and privileges relative to the passage of railway trains, cars, and locomotives 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 the 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 such matters of difference between them shall be decided by the Secretary of War, upon a hearing of Secretary of War to the allegations and proof of the parties.

decide terms.

Lawful structure

SEC. 4. That the bridge authorized to be constructed under this act shall be a lawful structure, and shall be recognized and known and post-route. 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, 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 the transmission over the railroads 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, so as to prevent or remove all material and substantial obstructions to the navigation of said river by the construction of the said bridge, is hereby expressly reserved, and any alterations or changes that may be required 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; and if said bridge shall not be finished within two years from the passage of this act, the rights and privileges hereby granted shall be null and void.

Approved, July 16, 1888.

CHAP. 624.-An act to authorize the construction of a bridge across the Mississippi River at or near the city of Oquawka, in the State of Illinois, and to establish it as a post-road.

Postal telegraph.
Amendment.

To be completed in two years.

July 16, 1888.

Chicago, Oquawka and Kansas City Short Line Railway Company may bridge Mississippi River at Oquawka, Ill.

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 Chicago, Oquawka and Kansas City Short Line Railway Company, a corporation organized under the laws of the State of Illinois, or its successors or assigns, to construct a bridge across the Mississippi River at a point suitable to the interests of navigation in the vicinity of the city of Oquawka, in the county of Henderson, State of Illinois: Provided, That a public necessity exists for said bridge; Proviso. that said bridge may be constructed for railway and postal service, with single or double tracks for railway traffic, and which shall be under the conditions and limitations hereinafter specified.

Necessity,

SEC. 2. That said bridge shall not interfere with the free naviga- Free navigation. tion of said river beyond what may be necessary to carry into effect the rights and privileges herein granted; and in case of any litigation arising therefrom, such litigation may be tried and determined by any circuit court of the United States whose jurisdiction embraces either terminus of said bridge.

Construction.

SEC. 3. That the bridge hereby authorized to be constructed must be constructed either as a draw-bridge or of unbroken spans. If con- Spans. structed of unbroken spans, then it shall have a clear, head-room of not less than fifty-five feet above extreme high water, as understood and determined at the point of location. Nor shall any span of said bridge be less than two hundred and fifty feet in length, and the piers thereof shall be parallel with the current of the river. The main

Draw.

Opening draw.

Lawful structure and post-route.

Postal telegraph.

Other companies may use.

Secretary of War to approve plans, etc.

span or spans shall be over the main channel or channels of the river and not less than three hundred and fifty feet in length. In case said company shall elect to construct said bridge as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel, with spans not less than two hundred feet in length in the clear on each side of the pivot-piers, 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 the said bridge shall give a clear head-room of not less than ten feet at highest water; and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected. And it is further provided that said draw shall open promptly, upon proper signal, for the passage of boats, except when trains are on said draw.

SEC. 4. That any bridge constructed and properly maintained and managed under this act and according to its limitations shall be a lawful structure, and shall be known as a post-road, and the same is hereby declared to be a post-road, over which no higher charge shall be made for the transmission of mails, troops, and munitions of war of the Government of the United States, or for passenger or freight passage over the same than the rate per mile charge for their transportation over the railroad or public highways leading to said bridge. And equal privileges in the use of said bridge shall be granted to all telegraph companies. The United States shall have also the right of way over said bridge for postal-telegraph purposes.

SEC. 5. That all railway companies desiring to use said bridge shall be entitled to equal rights and privileges in using the same, of the machinery and fixtures thereto belonging, and also of the approaches thereto, upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in interest, in case the parties in interest shall not be able to agree upon such terms and conditions.

SEC. 6. That said railway company before entering upon the construction of said bridge shall submit to the Secretary of War, for his examination and approval, plans and drawings of such structure, together with a map of the location thereof, for one mile above and one mile below said location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the current of said river at all stages of water, showing also the bed of the river and the channel, with such other and further information as the Secretary of War may require for a full and satisfactory understanding of the subject, which said drawings and other information aforesaid shall be examined by him, and if he shall approve the same, he shall so notify the said railway company of such approval, and thereupon the said company may proceed to the erection of said bridge. But, if the Secretary of War decides that the plans or location are such as to materially affect the interests of navigation, the bridge shall not be commenced or built. The Secretary of War may make such alterations in such plans as he may deem necessary to the better protection of navigation; and such alterations shall be adopted by said railway company, and the said bridge shall be constructed, Aids to navigation. with such aids to the passage of said bridge, in the form of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel for a distance of not less than one mile above, and a sufficient distance below the bridge site, and for the guiding of rafts, steam-boats, and other water craft safely through or under said bridge, as the Secretary of War shall prescribe and order to be constructed and maintained at the expense of the company owning, controlling, or operating said bridge.

Alterations.

The said railway company may, at any time, make any alterations deemed advisable to be made in such bridge, but must first submit such proposed alterations to the Secretary of War, and his approval shall be first had before they shall be authorized.