Chapter 266. to authorize the construction of a bridge across the Arkansas River at the town of Van Buren, Crawford County, Arkansas
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CHAP. 266.— An Act to authorize the construction of a bridge across the Arkansas River at the town of Van Buren, Crawford County, Arkansas.July 3, 1882. *Be it enacted by the Senate and House of Representatives of the United- States of America in Congress assembled*,Saint Louis and San Francisco Railway Company to construct bridge across Arkansas River at Van Bu-ren, Ark.Passage of railway trains, etc. That the Saint Louis and San Francisco Railway Company a corporation organized under the laws of the State of Missouri, be, and is hereby, authorized to construct or cause to be constructed, and maintain, a bridge and approaches thereto over the Arkansas River at the town of Van Buren, Crawford County, Arkansas.
Said bridge shall be constructed to provide for the passage of railway trains, and at the option of the corporation 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-passengers, for such reasonable rates of tolls as may be approved from time to time by the 145 FORTY-SEVENTH CONGRESS. SESS. I. CH. 266. 1832. Secretary of War as to railway trains, and as to wagons, vehicles, animals, and foot-passengers such rates as may be provided by the laws of Arkansas.
Sec. 2. That any bridge built under this act is subject to its limitations,Declared a post-route and a lawful structure. 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, or for passengers or freight passing over said bridge than the rate per mile paid 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 said bridge shall be constructed with a draw or pivotDraw. span, which shall be over the main channel of the river at an accessable navigable point, and the openings 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 openings be accessible at all stages of the water; that the spans shall not be less than ten feet above extreme highSpans. water mark as understood at the point of location, to the lowest part of the superstructure of said bridge; that the piers and draw rests of saidPiers. bridge shall be built parallel with the currents at that stage of the river which is most important for navigation, and that no rip-rap or other outside protection for imperfect foundations 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: *Provided,* That said draw shall be opened promptly by said*Proviso.* company, upon reasonable signal, for the passage of boats; and said company or corporation shall maintain at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-HouseLights.
Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and if any bridgeFree navigation of river to be maintained. 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 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 portion of said obstruction or bridge may be located: *Provided further,**Proviso.* 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 this bridge from the operation of the same.
Sec. 4. That all Railroad Companies desiring the use of said bridge,Railroad companies to have equal rights, for compensation ; Secretary of War to decide in case of failure of companies to agree. 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, and the several railroad companies, or any 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, 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, *Provided,* That the provisions of sectionProviso. two 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.
Sec. 5. That any bridge authorized Io be constructed under this actSecretary of War to prescribe regulations for preserve- shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall pre- 146 FORTY-SEVENTH CONGRESS. SESS. I. CH. 266, 267. 1882. ing free navigation.Plan and location to be approved by Secretary of War.scribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge 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 shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary’ of War the bridge shall not be built or commenced; and should any change be made in the plan of said bridge during the progress of construction such change shall be subject to the approval of the Secretary of War.
Sec. 6. Penalty for obstruction to free navigation. That whenever the Secretary of War shall have good reason to believe that the bridge hereby authorized to be constructed is an obstruction to the free navigation of such waters, by reason of difficulty in passing the draw-opening of said bridge, by rafts, steamboats, or other watercraft, it shall be the duty of the said Secretary, on satisfactory proof thereof, to require the company or persons owning said bridge to cause such aids to the passage of said draw-opening to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of said rafts, steamboats, and other watercraft safely through said opening as shall be specified in his order in that behalf; and on failure of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to .be built or made at the expense of the United States, and shall tefer the matter without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in the district court of the United States in which said bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall tie covered into the Treasury of the United States.
Sec. 7. Specified rights of United States reserved. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structure or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, July 3, 1882.