LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY. FORTY-EIGHTH CONGRESS, SECOND SESSION, 1884-'85. ACTS. CHAP. 4.—An act granting the right of way to the city of Newport, Rhode Island, Dec. 20, 1884. over the breakwater at Goat Island. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the city of Newport, Rhode Right of way granted to the Island, is hereby granted the right to construct and maintain a sewer city of Newport, for drainage purposes through or across the breakwater at Goat Island, R. I., across subject to such conditions as the Secretary of War may prescribe: breakwater Provided, That such conditions shall be accepted by the city of New-Goat Island, for port before the work herein authorized shall be commenced. Approved, December 20, 1884. drainage. Proviso. at CHAP. 30.-An act to authorize the construction of bridges across the Mississippi River one within the State of Minnesota and one between the States of Minnesota and Wisconsin. Jan. 21 1885. Louis Railroad Be it enacted by the Senate and House of Representatives of the United Chicago, Saint States of America in Congress assembled, That the Chicago, Saint Paul Paul, and Saint and Saint Louis Railroad Company, its successors and assigns, be, and Company authorthey are hereby, authorized to construct and maintain a railroad bridge ized to construct across the Mississippi River at the most suitable point between the bridge over the cities of Hastings and Red Wing: Provided, That Congress may at any between HastMississippi River time prescribe such rules and regulations in regard to toll and other-ings and Red wise as may be deemed reasonable. SEC. 2. That any bridge built under this act may, at the option of the company building the same, be built as a pivot-draw bridge or with unbroken or continuous spans : Provided, That if made with continuous or unbroken spans it shall not be of less elevation in any case than fifty-five and one-half feet above extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans give a clear width of water-way of less than two hundred and fifty feet; and the main span shall be over the main channel of the river, and give a clear width of water-way of not less than three hundred feet: And provided also, That any bridge built under this act as a pivot-draw bridge shall have a draw over the main channel at an accessible and navigable point, and with spans giving a clear width of water-way of not less than one hundred and sixty feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall give a clear width of water-way of not less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low-water mark and not less than ten feet above extreme high Wing. Proviso. Bridge to be Spans. Draw. Proviso. Signals. Lights. water mark, measured to the bottom chord of the bridge: 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 such lights as the Light-House Board may direct; and all plans for the construction of said bridge and approaches Plans to be ap- thereto must first be submitted to the Secretary of War for his approval, proved by Secre- and when the same shall be approved by the said Secretary the work tary of War. thereon may be commenced and prosecuted to completion: And proTo be built at vided further, That as nearly as practicable the said bridge shall be at right angles to 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 company may then proceed with Free naviga- the construction in accordance with said change: And provided further, tion to be pre- That if said bridge when constructed shall, in the opinion of the Secretary 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. river current. served. Shall be a post more than usual SEC. 3. That the bridge hereby authorized shall be a lawful structure, route with no and shall be a post-route, upon which no higher charge shall be made charges per mile. 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. Railroad com. panies entitled to equal rights and privileges. SEC. 4. 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 use; 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 Secretary of each shall conform in using said bridge, all matters at issue between War to decide them shall be decided by the Secretary of War, upon a hearing of the upon disagree- allegations and proofs of the parties: Provided, That the provisions of ment. Proviso. section three 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. Subject other- SEC. 5. That this act shall be subject, except as above mentioned, to wise to limita- the limitations and provisions of an act entitled "An act to authorize tions and provis- the construction of a bridge across the Mississippi River at or near the ions of act for of town of Clinton, in the State of Iowa, and other bridges across said bridge at Clinton. river, and to establish them as post-roads," approved April first, eight1872, vol. 17. ch. een hundred and seventy-two. construction 281, p. 215. structures for Secretary of SEC. 6. That it shall be the duty of the Secretary of War, on satisWar to require factory proof that a necessity exists therefor, to require the company owners to build or persons owning said bridge to cause such aids to the passage of said confining flow of bridge to be constructed, placed, and maintained, at their own cost and water to perma- expense, in the form of booms, dikes, piers, or other suitable and proper nent channel and structures for confining the flow of water to a permanent channel and aids to naviga for the guiding of rafts, steamboats, and other water-craft safely through tion, if necessary. the draw and raft-spans, as shall be specified in his order in that behalf. SEC. 7. That the United States shall have the right of way for postal right of way for telegraph across said bridge. postal telegraph. U. S. to have reserved. Right to alter, SEC. 8. That the right to alter, amend, or repeal this act is hereby amend, or repeal expressly reserved; and the right to require any changes in such structure, or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest require it is also expressly reserved. Same company SEC. 9. That said company, its successors and assigns, may construct may construct and maintain a bridge across the Mississippi River at a suitable point bridge over the Mississippi River between the western limits of Hastings, Minnesota, and the western between Hast. limits of Saint Paul, Minnesota: Provided, That the bridge authorized ings and Saint by this section shall have all the privileges and be subject to all the Paul, Minn. terms, restrictions, reservations of power, and requirements contained in the foregoing sections of this act. Proviso. Approved January 21st, 1885. CHAP. 47.-An act to authorize the appointment of a commission by the President of the United States to run and mark the boundary lines between a portion of the Indian Territory and the State of Texas, in connection with a similar commission to be appointed by the State of Texas. Jan. 31, 1885. Whereas, the treaty between the United States and Spain executed Preamble. February twenty-second, eighteen hundred and nineteen, fixed the Reciting conboundary line between the two countries west of the Mississippi River troversy, under treaty with as follows: Beginning on the Gulf of Mexico at the mouth of the Sabine Spain, between River, in the sea, and continuing north along the western bank of the U. S. and Texas, river to the thirty-second degree of latitude; thence by a line due north as to point in to the degree of latitude where it strikes the Rio Roxo of Nachitoches boundary line. or Red River; thence following the course of the Rio Roxo westward to the one hundredth degree of longitude west from London and the twenty-third from Washington; thence crossing the said Red River and running thence by a line due north to the river Arkansas; thence following the course of the southern bank of the Arkansas to its source, in latitude forty-two degrees north; and thence by that parallel of latitude to the South Sea; the whole being as laid down in Melish's map of the United States published at Philadelphia, improved to the first of January, eighteen hundred and eighteen; and Whereas a controversy exists between the United States and Texas as to the point where the one hundredth degree of longitude crosses the Red River, as described in the treaty; and Whereas the point of crossing has never been ascertained and fixed by any authority competent to bind the United States and Texas; and Whereas it is desirable that a settlement of this controversy should be had, to the end that the question of boundary, now in dispute because of a difference of opinion as to said crossing, may also be settled: Therefore detail one or more the one hundredth me Be it enacted by the Senate and House of Representatives of the United President of U. States of America in Congress assembled That the President of the United S. authorized to States be, and he is hereby, authorized to detail one or more officers of Army officers to the Army who, in conjunction with such person or persons as may be define the point appointed by the State of Texas, shall ascertain and mark the point where where the one hundredth meridian of longitude crosses Red River, in ridian of longiaccordance with the terms of the treaty aforesaid, and the person or tude crosses Red persons appointed by virtue of this act shall make report of his or their River. action in the premises to the Secretary of the Interior, who shall trans- Report to Secmit the same to Congress, at the next session thereof after such report retary of Interior for transmission may be made, for action by Congress. to Congress. SEC. 2. That the sum of ten thousand dollars, or so much thereof as may be necessary, to be expended under the direction of the War Department, be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated, to pay the expenses of the United States in carrying out the provisions of this act. Approved, January 31st, 1885. Appropriation. CHAP. 144.-An act to authorize the construction of a bridge across the Saint Croix February 25,1885. River at the most accessible point between Stillwater and Taylor's Falls, Minnesota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Minneapolis, Sault Minneapolis, Sainte Marie and Atlantic Railway Company, a corporation organized Sault Sainte Maunder the laws of the State of Wisconsin, be, and is hereby, authorized rie and Atlantic Railway Compato construct and maintain a bridge, and approaches thereto, over the ny to construct a Saint Croix River, between the States of Minnesota and Wisconsin, at bridge across the the most accessible point between the city of Stillwater and the village Saint Croix Riv of Taylor's Falls, on said river. Said bridge shall be constructed to water and Tayprovide for the passage of railway trains, and, at the option of the cor- lor's Falls, Minn. poration by which it may be built, may be used for the passage of Passage of railwagons and vehicles of all kinds, for the transit of animals, and for way trains, etc. foot-passengers, for such reasonable rates of toll as may be approved Rates of toll. from time to time by the Secretary of War. er, between Still Not to impede SEC. 2. That any bridge built under this act shall be constructed and built without material interference with the security and conven- free navigation. ience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure |