Chapter 417.
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/statutes-at-large/vol-24/chapter-417-351951·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 417.— An act to authorize the construction of a bridge across the Staten Island Sound, known as Arthur Kill, and to establish the same as a post-road.June 16, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Staten Island Rapid Transit R. R. Co., and Baltimore and New York R. R. Co., authorized to bridge Arthur Kill, Staten Island Sound. That it shall be lawful for the Staten Island Rapid Transit Railroad Company, a corporation existing under the laws of the State of New York, and the Baltimore and New York Railroad Company, a corporation existing under the laws of the State of New Jersey, or either of said companies, to build and maintain a bridge across the Staten Island Sound, or Arthur Kill, from New Jersey to Richmond County, New York, for the passage of railroad trains, engines, and cars thereon, and to lay on and over said bridge railway tracks for the more perfect connection of any railroads that arc or shall be constructed to the said sound at or opposite said point; and in case Litigation.of any litigation concerning any alleged obstruction to the free navigation of said sound on account of said bridge, the cause may be tried before the circuit court of the United States of either of said States in which any portion of said obstruction or bridge touches; and that all 79 railway companies desiring to use the said bridge shall have and be entitledOther companies to have right of way. to equal rights and privileges in the passage over the same, and in the use of the machinery and fixtures thereof and of all the approaches thereto, for a reasonable compensation to be paid to the owners of said bridge under and upon such terms and conditions as shall be prescribedSecretary of War to prescribe terms. by the Secretary of War upon hearing the allegations and proofs of the parties in case they shall not agree.
Sec. 2. That said bridge shall be constructed as a pivot drawbridge,Draw. with a draw over the main channel of the sound at an accessible and navigable point, and with spans of not less than two hundred feet in length in the clear on each side of the central or pivot pier of the draw; and said spans shall not be less than thirty-two feet above mean low-water mark measuring to the lowest member of the bridge superstructure: *And provided also*, That said draw shall be opened promptly, upon*Proviso*.
Opening draws. reasonable signal, except when trains are passing over the said bridge, for the passage of the boats whose construction shall not be such as to admit of their passage under the draw of said bridge when closed; but in no case shall unnecessary delay occur in opening the said draw after the passage of trains; and the said company or corporation shallLights, etc. maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
Sec. 3. That any bridge constructed under this act and accordingTo be a lawful structure and post-route. 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 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 their transportation over the railroads or public highways leading to said bridge; and the United States shall have the right of way forPostal telegraph. postal-telegraph purposes across said bridge.
Sec. 4. That the plan and location of said bridge, with a detailedPlans, etc., to be approved by Secretary of War. map of the sound at the proposed site of the bridge and near thereto, exhibiting the depths and currents, shall be submitted to the Secretary of War for his approval, and until he approve the plan and location of said bridge it shall not be built; but upon the approval of said plan by the Secretary of War the said companies, or either of them, may proceed to the erection of said bridge in conformity with said approved plan; and should any change be made in the plan of said bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War.
If the Secretary of War shall at any time deem any change or alteration necessary in the said bridge, so that the same shall not obstruct navigation, or if he shall think the removal of the whole structure necessary, the alteration so required or the removal of the whole structure, shall be made at the expense of the parties owning said bridge; and if said bridge shall notTo be finished in two years. be finished within two years from the passage of this act, the rights and privileges hereby granted shall determine and cease.
Sec. 5. That the right to alter, amend, or repeal this act is herebyEight to amend, etc., reserved. expressly reserved. Approved, June 16, 1886.