Chapter 291. authorizing the New Orleans and Northeastern Railroad to construct bridges over the channels of Pearl River and Lake Pontchartrain
1,252 words·~6 min read·
/statutes-at-large/vol-22/chapter-291-690923·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 291.— An Act authorizing the New Orleans and Northeastern Railroad to construct bridges over the channels of Pearl River and Lake Pontchartrain.July 12, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,New Orleans anti Northeastern Railroad to construct bridge over East Pearl River, Wist Pearl River, and Lake Pont- cliiirtrain. etc. That the New Orleans and Northeastern Railroad Company, a corporation organized for the purpose of constructing a railroad between New Orleans, Louisiana, and Meridian, Mississippi, be, and is hereby, authorized and empowered to construct, build, and maintain bridges over and across the navigable waters of the United States on the route of said railroad from New Orleans, Louisiana, to Meridian, Mississippi, as now located, or as said route may hereafter be located, for the use of said company, and the passage of its engines, cars, passengers, mails, and merchandise thereon: *Proviso.**Provided, however,* That said company shall construct its bridges over and across the waters known as East Pearl River, West Pearl River, and Lake Pontchartrain, in accordance with such plans devised for the safe passage of vessels us shall be approved by the Secretary of War; and that said company shall construct and maintain such facilities and be governed by such regulations for the passage of vessels as the Secretary of War shall approve.
Sec. 2. Declared n lawful structure and post-route. That any bridge built under this act and subject to its limitations 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 Tolls.transmission over the same of the mails, the troops, and the munitions of war of the United States, or for passengers and freight passing over said bridge, 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. 3. Spans. That if said bridges shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main spans shall be over the main channels of the rivers and lakes across which said bridges may be cou- stracted, and the bridges shall be at right angles to and their piers *Proviso.*parallel with the current of said rivers and lakes: *Provided,* That if the Draw-bridge.same shall be constructed as draw bridges, the draw's or pivots shall be over the main channels of said rivers and lakes at accessible points, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridges shall be parallel with and the bridges at right angles to the current of the channels, and the spans shall not be less than ten feet above high water mark, as understood at the point of location, to the lowest part of the superstructure of said *Proviso.*bridges: *Provided,* That said draws shall be opened promptly by said company, upon reasonable signal, for the passage of boats; and said 167 FORTY-SEVENTH CONGRESS.
SESS. I. CH. 291. 1882. company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridges as the LightLights. House 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 rivers and lakes; and ifNot to obstruct free navigation. 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 to be made as will effectually obviate such obstruction; and all such alterations shall be marie and all such obstructions be removed at the expense of the owner or owners of said bridges.
And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said rivers caused or alleged to bo caused by said bridges, the case may be brought in the district court of the United States of the States of Louisiana and Mississippi in which any portion of said obstruction or bridge may be located: *Provided, further,* That nothing in this act shall be so construed*Proviso.* 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 these bridges from the operation of the same.
Sec. 4. That all railroad companies desiring the use of said bridgesRailroad companies to have use of bridge for reasonable compensation. 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 bridges 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 each shall conform in using said bridges, all matters at issue between them shall be decided by the Secretary of War, upon hearing of the allegations and proofs of the parties: *Provided,* That the provisions of*Proviso.* section two in regard to charges for passengers and freight across said bridges 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 bridges by said companies for the use of said bridges.
Sec. 5. That any bridge authorized to be constructed under this actSecretary of War to make regulations for security of navigation. shall be built and located under and subject to such regulations for the security of navigation of said rivers and lakes as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval,Plan and location to be submitted to Secretary of War for approval. a design and drawings of the bridges 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 or lake, 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 the stream or lake, the location of any 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 bridges are approved by the Secretary of War the bridges shall not be built; and should any change be made in the plan of said bridges during the progress of construction, such change shall be subject to the approval of the Secretary of War.
Sec. 6. That the right to alter, amend, or repeal this act is herebySpecial rights reserved to United States. expressly reserved; and the right to require any changes in said structures, or their 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 12, 1882. FORTY-SEVENTH CONGSESS. SESS. I. CH. 293, 294. 1882.