Chapter 240. authorizing the Texas and Saint Louie Railway Company to build certain bridges in the State of Arkansas
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CHAP. 240.— An Act authorizing the Texas and Saint Louie Railway Company to build certain bridges in the State of Arkansas.June 27, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Bridges in State of Arkansas to be built by Texas amt Saint Louis Railway Company over—White River, Monroe County, That the Texas and Saint Louis Railway Company, in Missouri and Arkansas, a corporation duly and legally organized and existing under and by virtue of the laws of the States of Missouri and Arkansas, its successors or assigns, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the White River, in Monroe Comity, in the State of Arkansas, near the city of Clarendon, at the point where said company’s line of railway as now projected crosses said liver; and also a bridge, and approaches thereto, over the Arkansas River, in Jefferson County,Arkansas River, Jefferson County, in said State of Arkansas, near the city of Pine Bluff, at the point where said company’s line of railway as now projected crosses said river; and also a bridge, and approaches thereto, over the Saline River, in theSaline River, State of Arkansas, at the point where said company’s line of railway as now projected crosses said river; and also a bridge, and approaches thereto, over the Ouachita River, in the county of Ouachita, in the StateOuachita River, and of Arkansas, at the point where said company’s line of railway as now projected crosses said river; and also a bridge, and approaches thereto, over the Red River, in La Fayette County, in the State of Arkansas,Red River. at the point where said company’s line of railway as now projected crosses said river.
Said bridges shall be constructed to provide for the passage of railway trains, and, at the option of said company by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passenger’s for such reasonable rates of toll as may be prescribed by said company subject to the revision and regulation of the Secretary of War. Sec. 2. That if the said bridges, or either of them, over the saidForm and construction.
White and Arkansas Rivers shall be made with unbroken and continuous spans, there shall be at least one span of a height of not less than eighty feet above low water or fifty feet above highest water, measured to the lowest part of the superstructure of said bridge, and said span shall have a clear opening of at least three hundred feet between the piers, measured at right angles to the current at every stage, and shall be over that port ion of the river or rivers used by boats during ordinary stages of water; and the bridge or bridges shall be at right angles to and the piers parallel with the current of the river.
And if the said bridges, or either of them, over the said White and Arkansas Rivers 110 shall be constructed as drawbridges, the draw or pivot shall be over the main channel of the river at an accessible navigable point, and (he opening on each side of the pivot-pier shall be not less than one hundred and sixty feet in the clear, and, as nearly as practicable, both of said Channels and navigation of Rivers to be preserved.openings shall be accessible at all stages of water, and the spans shall be not less than ten feet above extreme high water, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the piers and draw-rests shall be parallel with, and the bridge itself at right angles to, the current of the river or rivers at that stage of the river which is most important for navigation; and no rip-rap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channel-ways provided for in this act.
And if the said bridges, or either of them, over the said Saline, Ouachita, and Red Rivers shall be made with unbroken and continuous spans, there shall be at least one span of a height of not less than eighty feet above low water or fifty feet above highest water, as understood at the point of location, measured to the lowest part of the superstructure of said bridge, and said span shall have a clear opening of at least two hundred feet between the piers, measured at right angles to the current, and shall be over the main channel of the river, and the bridge or bridges shall be at right angles to, and the piers parallel with, the current of the river.
And if the bridges, or either of them, over the said Saline, Ouachita, and Red Rivers shall be constructed as draw or pivot bridges, the draw or pivot pier shall be over the main channel of the river at an accessible navigable point, and the openings on each side of the pivot pier shall be not less than one hundred and thirty feet in the clear, unless otherwise expressly directed by the Secretary of War, and if so directed shall be according to such direction, and, as nearly as practicable, the said openings shall be accessible at all stages of water, and the spans shall be not less than ten feet above extreme high water, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the Draw.piers and draw rests shall be parallel with, and the bridge or bridges, at right angles to, the current of the, river or rivers; and no riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channel-ways provided for in this act; and all and each of said draws shall be opened promptly upon reasonable signal for the passing of boats; and said company shall Lights.maintain at its own expense, from sunset till sunrise, such lights or other signals on said bridges as the Light House Board may prescribe.
Sec. 3. That any bridge built under this act, and subject to its limitations,Bridges to be post-routes. shall be a lawful structure, and shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails,-the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroad 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. 4. That no bridge shall be erected or maintained under the authorityFree navigation to be maintained. of this act which shall at any time substantially or materially obstruct the free navigation of said rivers; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge or bridges to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge.
And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Arkansas in which any por- 111tion of said obstruction or bridge may be located: *Provided*, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt said bridges from the operation of the same.
Sec. 5. That all railroad companies desiring the use of said bridge,Right of railroads to use bridges preserved. or any of them, shall have and be entitled to equal rights and privileges relative to the passage of railway trains 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 or bridges andToll. 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 each shall conform in using said bridge or bridges, 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. 6. That all bridges or any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation of said river or rivers as the Secretary of War shall prescribe; and to secure that object the saidDesigns and drawings to be submitted to Secretary of War for approval. company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of said bridges, and each of them, 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 shorelines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of t he st ream, the location of any other bridge or bridges, and shall furnish such other information as maybe required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge or bridges are approved by the Secretary of War the bridge or bridges shall not be built; and should any change be made in the plan of said bridges, or either of them, during the progress of construction, such change shall be subject to the approval of the Secretary of War.
And the said structures shall be changed at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said rivers; and the authority to erect and continue any and all of said bridges shall be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require. Sec. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, June 27, 1882.