Page:United States Statutes at Large Volume 31.djvu/95

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 37. 1900. 43 CHAP. 3’7.—An Act To provide for the erection of a bridge across Rainy River, Much 9,1900- in the State of Minnesota, between Rainy Lake and the mouth of Rainy River. """ " Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Minnesota and On- Miogogow and 0¤- tario Bridge Company, a corporation duly incorporated under the {dg? i»?1di(ZC(iii}i°;i]; laws of the State of Minnesota, be, and the same is hereby, authorized RW"- M*““· and empowered to erect, construct, and maintain a bridge over Rainy River at or near a point on Rainy River that is known as Cathearts Point, in the State of ‘ Minnesota, `ust below the confluence of the Baudette River with Rainy River: Provided, That the plan, location, Promo. _ and elevation of the bridge, so far as the interests of navigation are p1§§;r§c_m °°”S`d°”. concerned, shall be recommended by a board of three officers of the Corps of Engineers, which shall be appointed by the Secretary of War to consider the same; and it shall be the duty of the said board to - give a public hearin in the city of Minneapolis to"all arties inter- -—hoori¤g. ested whenever the gesigns and drawings of the said brig e and maps of location shall have been submitted to the Secretary of Sar, as hereinafter provided. The said board shall give reasonable notice, by pub- ——notice Os. lication in the newspapers, of the time and place of such hearing, and -mpoa. report its recommendations to the Secretary of War as soon thereafter as may be expedient. Sec. 2. That any bridge built under this Act and subject to its limi- m'ir;>a§]$,l¤*;Q§Ogg;¤¤· tations shall be a lawful structure, and shall be recognized and known po ` as a post route, upon which also no higher charge shall be made for the transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile aid for the transportation over the railroads or public highways leading to the said bridge, and it shall enjoy the rights and privileges of other post roads in the United States. _ ‘ Sec. 3. That the said bridge shall have a draw or draws over the Drowmain channel of the river, leaving a clear waterway of not less than one hundred and sixty feet on one side of the pivot pier. The height Hoishtotoof the superstructure above water shall be fixed and determined by the Secretary of War. The bridge shall be at right angles to, and its piers parallel with, the current of the river. No bridge shall be erecte or maintained under the authority of this Act which shall at any time unreasonably obstruct the navigation of the said river. Dur- Not go obstruct ing the construction of the bridge, the navigtpble channel of the river mw ga lm" shall not be obstructed to a greater extent t an in the opinion of the Secretary of War is absolutely necessary, and such lights and buoys Lismshall be kept on all coiferdams, iles, and other obstructions as may _ be required during navigation. lh case of any litigation arising from Litigation- ` obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused b said bridge, the circuit court of the United States of the circuit witliin which said bridge may be located shall have jurisdiction thereof: Provided, That nothing in this Act mw um shall be so construed as to repeal or modify any of the provisions of changed.g law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. Sec. 4. That all railroad companies in this country or Canada desir- Rtgilrooopbriggw of ing the use of said bridge shall be entitled to equal rights and privileges as us`} ° H e` re ative to the passage of railway trains or cars over the Same and over the approaches thereto, and the rates charged for the use of said bridge shall be the same for all companies alike, and without discrimination of any kind in favor of or against either over the whole length of the bridge and approaches: Provided, That if any question of difference promos. arises at any time between said bridge company and any railroad com- @‘§§§°t,%${-'€?,€nV&'0*§j pany using said bridge or desiring its use in respect of the rate of Wi*¤b*idg¢¤¤mP¤¤Y· compensation to be paid for such use or in respect of any other matter • pertaining to such use and the parties can not agree in regard to the