Chapter 209. authorizing the Kansas City, Texarkana and Gulf Railway Company to bridge the Red and Little Rivers, in the State of Arkansas
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CHAP. 209.— An Act authorizing the Kansas City, Texarkana and Gulf Railway Company to bridge the Red and Little Rivers, in the State of Arkansas.May 1, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Kansas City, Texarkana and Gulf railway Company may bridge Red and Little Rivers. Ark. That the Kansas City, Texarkana and Gulf Railway Company, its successors or assigns, be, and is hereby, authorized to construct and maintain a railway bridge, and approaches thereto, over and across Red River, in the State of Arkansas, at or near the point where the eastern boundary line of the State of Texas intersects the said river and the State line of the State of Arkansas: and also a railway bridge, and approaches thereto, over and across Little River, in the said State of Arkansas, at such point as may be selected by said railway company for crossing saidRailway, wagon, and foot bridge. river with its railroad line.
Said bridges shall be constructed to provide for the passage of railway trains, and, at the option of said company, may be used for the passage of wagonsSpans. and vehicles of all kinds, for the transit of animals. and for foot-passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. That if the said bridges, or either of them, over the said 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 rivers, shall be constructed as draw or pivot bridges, the draw or pivot pier shallDraws. be over the main channel of the river at an accessible navigable point, and the openings on each side of the pivot-pier shall not be 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 106FIFTIETH CONGRESS.
Sess. I. Chs. 209– 211. 1888. 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 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 maintain, at its own expense, from sunset till sunrise, such Lights.lights or other signals on said bridges as the Light-House Board may prescribe.
Sec. 2. That any bridge built under this act. and subject to itsTo be lawful structures and post-routes. 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 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. That no bridge shall be erected or maintained under theFree navigation to be unobstructed. authority 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 Litigation.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 for the State of Arkansas, in whose jurisdiction any portion of said obstruction or bridge may be *Proviso*.Existing laws.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. 4. That all railway companies desiring the use of said bridges,Other companies may use. or either 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. Sec. 5. That the bridges authorized to be constructed under thisSecretary of War to approve location, etc. act shall be built and located under and subject to such regulations for the security of navigation of said rivers 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, 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 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 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 approval of the Secretary of War.
And Changes.the said structures shall be changed at the cost and expense of the FIFTIETH CONGRESS. Sess. I. Chs. 209– 211, . 1888.107 owners thereof, from time to time, as the Secretary of War 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 the Secretary of War whenever the public good, in his judgment so requires. Sec. 6. That the right to alter, amend, or repeal this act is herebyAmendments, etc. expressly reserved.
Sec. 7. That this act shall be null and void if actual constructionCommencement and completion. of the bridge or bridges herein authorized be not commenced within one year and completed within three years from the approval of this act. Approved, May 1, 1888.