Page:United States Statutes at Large Volume 26.djvu/693

rirrvrinsr conesnss. Sess. 1. cH. 1251. 1890. 639 _CHAP. 1251.-—An act authorizing the construction of a bridge across the Osage October 1, 1890. River at some accessible point in the county of Benton, in the State of Missouri. —— Be it enacted by the Senate and House of Representatives of the United States (gf America in Congress assembled, That the Chicago, cmcsgp, Hannibal. Hannibal and pringield Railroad Com any, an incorporation or- Zggd S§§‘,§§§‘f},‘} ganized under the laws of the State of Illinois, its assigns or succes- glgdse gmsé Riven sors, is hereby authorized to construct and maintain a bridge across mm °°°°y’ M°' the Osage River at such point as may hereafter be selected by said corporation in the county of Benton, in the State of Missouri, as _ sha l best promote the pu lic convenience and welfare and the necessities of business and commerce, and also to construct accessory Accessory works. works to secure the best practicable channel-wa for navigation, and to lay on and over said bridge one or more railroad tracks for the Runway bridge. more perfect connection of any rail-roads that are or shall be constructed to said river at or opposite said point. Sec. 2. That said bridge shall be constructed and built without F¤>¢¤¤vis¤¤i<>¤· interference with the security and convenience of navigation of said river; and in order to secure that object the said company or corpo- . ration shall submit to the Secretary of War, for his examination and S¢¤¤¢*-¤m>f W¤¤‘¤> approval, a design and drawings of the bridge and a map of the °ppr°v°° s’°°°‘ location, giving for the slpace of one—half mile above and one-half mile below the propose location the high and low water lines upon the banks of the river, the direction and strength of the currents at all stages of the water, with the soundings accurately showing the bed of the stream and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such other mformation as may be r uired for a full and satisfactory understanding of the subject; add until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built: Provided, That if the said bridge shall Prvvfscsbe made with unbroken and continuous spans, they shall conform cmmuousspaus. in length and height to the requirements of the Secretary of War: And provided, also, 'l`hat if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a nmw. pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of such len th as the Secretary of War shall prescribe, and the head-room under said bridge shall conform to the requirements of the Secretary of War; Provided, also, That said draw shall be opened promptly upon Opening draw. reasonable signal for the passing of boats; and said company or corporation shal maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board Lizhr¤,¤rc. shall prescribe: Provided, also, That all railroad companies desiring Use by other comthe use of said bridge shall have and be entitled to equal rights ann *’““"’“· privileges relative to the plassage of railway trains over the same, and over the approaches thereto, upon payment of areasonable com- Compensation. ensation for such use; and in case the owner or owners of said bridge and the several railroad com}panies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and msegmmw of war upon rules and conditions to which each shall conform in using said mm§°'d° °“°g'°°' 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. _ Sec. That the Secretary of War is hereby authorized and di- Approval or pm, rected, upon receiving the plan and map and other information, and “‘°· upon being satisfied that a bridge built on such plan and with such accessory works and at such_local1ty will conform to the prescribed conditions of this act, to notify the company that he approves the same: and upon receiving suc notincation the said company may