Public Law 51–553

That the Coos Bay, Roseburgh and Eastern Railway and Navigation Company, a corporation organized and existing under the laws of the State of Oregon, its successors and assigns, be. and is hereby, authorized to construct and maintain a bridge across the Coal Bank Slough, at such point as may be selected on said stream in Coos County, in said State of Oregon: Provided, That said bridge shall not interfere with the free navigation

Proviso.

of said stream and in case of any litigation arising from any obstruction, or alleged obstruction, to the free navigation of said

Free navigation.

slough by reason of the construction of said bridge, the cause may

Litigation.

be tried before the circuit court of the United States in and for the district in whose jurisdiction any portion of said obstruction or bridge may be.

Sec. 2.

That such bridge, built under the provisions of this act. may

Construction.

be built as a drawbridge, or with unbroken, continuous spans, as the Secretary of War may direct: Provided, That if such bridge shall be

Provisos.

made with unbroken, continuous spans the main span shall be over

Spans.

the main channel of such navigable stream, and shall be of such width and the lowest part of the superstructure shall be of such height above extreme high-water mark as the Secretary of War may prescribe, and such bridge shall be at right angles to, and its piers parallel with, the channel or current of said river. And if such bridge, built under this act, shall be constructed as a drawbridge, the

Draw.

same shall be constructed with the opening over the center or channel of the river, and shall be of such width and character of construction as the Secretary of War shall prescribe, and the piers of such bridge shall be parallel with the current, and the draw of such bridge shall be over the main or deep channel of the stream: Provided, also, That said draw shall be opened promptly upon a reasonable

Opening draw.

signal for the passage of boats, and in no case shall unnecessary delay occur in opening said draw.

And said Coos Bay, Roseburgh and Eastern Railway and Navigation

Lights, etc.

Company shall maintain at its own expense, from sunset, to sunrise. such lights or other signals on such bridge as the Light-House Board shall prescribe: Provided, also, That said bridge, at the option

Railway, wagon, and foot bridge.

of the said railroad company, may be used for the passage of wagons or vehicles of all kinds, for the transit of animals and foot passengers for such reasonable rate of toll as may be approved from time to time

Toll, etc.

FIFTY-FIRST CONGRESS. Sess. II. Ch. 553. 1891. by the Secretary of War, but the same may, at the option of the said company, be a free bridge for the passage of vehicles and foot passengers thereon.

Sec. 3.

That the bridge authorized to be constructed under this

Lawful structure and post-route.

act shall be a lawful structure, and shall be recognized and known as a post-route, and shall enjoy the rights and privileges of other post-roads in the United States and no higher charge shall be made for the transmission over the same of the mails, troops, or munitions of war of the United States or for other passengers or freight passing over said bridge than the rate per mile paid for transportation

Postal telegraph.

over any railroad leading to said bridge. And the United States shall have the right of way for a postal telegraph across said bridge and its appraches.

Said bridge shall be built and located under and subject to such

Secretary of War to approve plans, etc.

regulations for the security of navigation on navigable river’s as the Secretary of War shall prescribe. To secure that object the said company shall submit to the Secretary of War. for his examination and approval, a design and drawing of such bridge, and a map of the location, giving, for the space of one mile above and one mile below the location, the topography of the hanks 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 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 information as may be required for a full and satisfactory understanding of the subject. And until the said plans and location of the bridge are approved by the Secretary of War the bridge shall not be built or commenced, and any change made in the plans of such bridge during the progress of the work thereon shall be subject to the approval of the Secretary of War.

That such alterations or changes as may be required by the Secretary

Changes, etc.

of War or Congress in the bridge constructed under the provisions of this act shall be made by the said company at its own expense.

Sec. 4.

That said company or any corporation or persons owning.

Aids to navigation.

controlling, or operating the bridge built under the authority of this act shall build and maintain at all times as accessory works to said bridge such booms, piers, dikes, guard fences and similar devices as may be necessary to insure at all times a permanent channel for a sufficient distance above and below the bridge site, and for guiding of rafts, steamboats, and other water craft safely under or through said bridge as may be prescribed by the Secretary of War.

Sec. 5.

That in case the bridge authorized by this act shall be constructed

Use by other railroads.

to provide for the passage of railroad trains, then all railroad companies desiring the usé of the bridge shall have and be entitled to equal rights and privileges relative to the passage of railway t rains or cars over the same, and over the approaches thereto,

Terms.

upon the 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

Secretary of War to decide disagreements.

them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties; and equal privileges in the use of said bridge and approaches shall be granted to all telegraph and telephone companies.

Sec. 6.

That this act shall be null and void if actual construction

Commencement and completion.

of the bridge herein authorized be not commenced within one year and completed within three years from the date of approval thereof.

Sec. 7.

That the right to alter, amend, or repeal this act is hereby

Amendment, etc.

expressly reserved; and the right to require the entire removal of the bridge constructed under the provisions of this act, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved.