Chapter 363. authorizing the construction of bridges across the Cape Fear River, Black River, and the Northeast River, in the State of North Carolina
871 words·~4 min read·
/statutes-at-large/vol-25/chapter-363-676097·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 363.— An Act authorizing the construction of bridges across the Cape Fear River, Black River, and the Northeast River, in the State of North Carolina.June 6, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Cape Fear and Yadkin Valley Railway Company may bridge Cape Fear, Black, and Northeast. Rivers. North Carolina. That the assent of Congress is hereby given to the Cape Fear and Yadkin Valley Railway Company, a corporation duly organized and existing under the laws of the State of North Carolina, its successors and assigns, to construct and maintain bridges, and approaches thereto, over the Cape Fear River at or near the town of Fayetteville, in the State of North Carolina, over the Black River, in the county of Bladen, and over the Northeast River, in the County of New Hanover, in said State, at such point or points as said railway company may desire or find most practicable in the final location of its road to the city of Wilmington Sec. 2.
That said bridges shall be so constructed either by draw,Unobstructed navigation to be secured. span, or otherwise, that a free and unobstructed passage may be secured to all vessels, boats, or other water craft navigating said rivers. Sec. 3. 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, and shall enjoy all the rights and privileges of other post-roads of the United States.
And equal privileges in the use of said bridge shall be granted to all telegraph companies; and the United States shall have the right of way across said bridge and its approaches for postal telegraph purposes. Sec. 4. That if either of said bridges authorized to be constructedDraws. by this act shall be constructed as a drawbridge the draw shall be opened promptly by said corporation upon reasonable signal for the passage of boats, and said company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signalsLights. on said bridge or bridges as the Light-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 river or rivers; and if any bridge or bridges 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 obstructions shall be removed and alterations made at the expense of the owner or owners of said bridge: *Provided*, That nothing in this act shall be so construed as*Proviso*.Existing laws. 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 any bridge erected under this act from the operations of the same.
Sec. 5. That all railroad companies desiring the use of the bridgeOther companies may use. constructed under this act shall have, and be entitled to. equal rights and privileges, relative to the passage of railway trains, cars, and locomotives over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use: and in case the owner or owners of the 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 such matters of difference 172FIFTIETH CONGRESS.
Sess. I. Chs. 363, 364. 1888.between them shall be decided by the Secretary of War upon a hearingSecretary of War to decide compensation. of the allegations and proofs of the parties. Sec. 6. That any bridge erected or authorized to be constructedSecretary of War to approve plans, etc. under this 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, said company or corporation shall submit to the Secretary of War a design and drawing of said bridge or bridges, for his examination and approval, and a map of its location, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and in all things shall be subject to such rules and regulations as may be prescribed by the Secretary of War, and until such plan and location of said bridge or bridges are approved, they shall not be built.
Sec. 7. That the right to alter, amend, or repeal this act is expresslyAmendment. reserved. Sec. 8. That this act shall take effect and be in force from andEffect. after its passage. Sec. 9. That this act shall be null and void if actual constructionCommencement and completion. of the bridges herein authorized be not commenced within one year and completed within three years from the date of the approval of this act. Approved, June 6, 1888.