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Code · STATUTES-AT-LARGE · Vol. 25 STAT. · October 19, 1888 · Chapter 1212

Chapter 1212.

807 words·~4 min read·/statutes-at-large/vol-25/chapter-1212

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CHAP. 1212.— An act granting the right of way for the construction of a railroad through the Hot Springs Reservation, State of Arkansas.October 19, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Mountain View Railway Company granted right of way through Hot Springs Reservation, Ark. That the right of way is hereby granted to the Mountain View Railway Company, of Hot Springs, Arkansas, incorporated under the laws of the State of Arkansas, beginning at such point east of the line of the bathhouses, between the Army and Navy Hospital and the Arlington Hotel as the Secretary of the Interior may approve, thence by the most eligible route to the east line of Hot Springs Mountain, thence westerly down North Mountain and West Mountain to the west line of reservation.
Sec. 2. That the right of way hereby granted shall not exceedWidth.Flow of water not to be obstructed. thirty feet in width, and no part of the right of way herein granted shall in any way interfere with or obstruct the full flow of the hot waters, or be so located as to cause the United States Government, or any citizen thereof, any expense of any kind or character, save and except the projectors of said road, its heirs and assigns. Sec. 3. That it shall be the duty of the United States Government’sNot to interfere with pipes, etc. superintendent of the Hot Springs Reservation to see that said railway, to be constructed under this act, shall not obstruct or in any manner interfere with the springs, hot-water pipes, roads or path’s now existing or contemplated to be located upon said reservation, but 610FIFTIETH CONGRESS.
Sess. I. Chs. 1212, 1213. 1888. it shall he made safe and secure for the pleasure, comfort, and edification of the patrons of the same, and used for the conveyance of passengers only. Sec. 4. Municipal rights unaffected.That nothing in this act shall he so construed as to abridge the right of the city government of Hot Springs to control and regulate the privileges of the Mountain View Railway where the same may cross Central avenue in said city. Sec. 5. Observatories.That the Mountain View Railway Company shall have the right to construct observatories at different eligible locations in the vicinity of the right of way hereby granted, at such points as the Secretary of the Interior may approve.
Sec. 6. Construction.That said observatories shall not exceed thirty feet square at foundation, and to be built in good and safe manner, and that no timber shall be cut upon the mountain, or earth or rock blasted or removed, or the surface of the ground in any way defaced, except upon the actual roadbed of the said way, and no blasting shall be done on Hot Springs Mountain except as authorized by the Secretary of the Interior; and that the right of way hereby granted shall be used for *Proviso*.Authority of Government not abridged.the purposes herein mentioned and none other: *Provided*, That this grant shall not be construed to abridge the authority of the Secretary of the Interior over the portion of the reservation included in the right of way.
Sec. 7. Map to be filed with Secretary of the Interior.That said company shall cause a map showing the proposed route of its line through the reservation to be filed in the office of the Secretary of the Interior, and said location shall be approved by the Secretary of the Interior before any grading or construction on any part of the line shall be begun, and the right of way Completion.*Proviso*.shall be lost and forfeited unless the road is completed and in running order within three years after the passage of this act: *Provided*, That this condition as to construction within three years shall be construed as a condition precedent to the grant herein made and in case of failure to so complete said road as provided, such failure shall, of Forfeiture.Taxes.itself work a forfeiture of all rights hereunder.
Sec. 8. That the company or its assignees to whom this right of way is granted, shall annually pay to the Government of the United States for the improvement of the permanent reservation at Hot Springs, Arkansas, three per centum of its gross earnings. And Amendment.Congress hereby reserves the right to at any time amend, add to, alter, or repeal this act. Approved, October 19, 1888. Chapter 1213: to fix the number of unbound and bound Journals of the Senate and House of Representatives, and to provide for their distribution.
Chapter 1213 25 Stat. 610 1888-10-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-23 50 1 public
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