Chapter 400.
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/statutes-at-large/vol-25/chapter-400-3598511·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 400.— An act to authorize the construction of bridges across the Kentucky River.March 2, 1889. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Kentucky Mid1and Railway Company may bridge Kentucky River and tributaries. That the Kentucky Midland Railway Company, a corporation organized under act of the general assembly of the Commonwealth of Kentucky, be and it is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Kentucky River, in the State of Kentucky, and also a bridge or bridges over the tributaries or forks of said river at such point or points as said company may deem suitable for the passage of its said road over said river or its tributaries or forks.
Railway, wagon, and foot bridges.Said bridge or bridges shall be constructed to provide for the passage of railway trains, and. at the option of the company by which it or they may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers. TollBut the rates of toll charged for the passage over said bridge of wagons, vehicles, animals, and foot passengers shall be submitted to the Secretary of War and approved by him before said company shall collect such tolls.
Sec. 2. That any bridge built under this act and subject to itsLawful structures and post-routes. limitations shall be a lawful structure, and shall be recognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies;Postal telegraph. and the United. States shall have the right of way across said bridge and its approaches for postal telegraph purposes.
Sec. 3. That any bridge authorized to be constructed under thisSecretary of War to approve plans, etc. act shall be built and located under and subject to such regulations for the security of navigation of said river 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 drawing of the bridge, and a map of the location thereof; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be Changes.commenced or built; and should any change be made in the plan of said bridge during the progress of construction, such change be subject to the approval of the Secretary of War, and the expense of such change, or of any change required by the Secretary of War in such bridge after its completion shall be paid by the corporation or persons owing or operating said bridge.
Sec. 4. That all railroad companies desiring the use of said bridgeUse by other companies. or bridges shall have and be entitled to equal rights and privileges relating to the passage of railway trains over the same, and over Compensation.the approaches thereto, upon the payment or reasonable compensation therefor; and in case the owner or owners of said bridge or bridges and the railroad company or companies desiring to use the same shall fail to agree upon the terms with reference to the use of Decision by Secretary of War.same, all matters of issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. 883 Sec. 5.
That this act shall be null and void if actual constructionCommencement and completion. of the bridge or bridges herein authorized be not commenced within two years and completed within five years from the date thereof Sec. 6. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved. Approved, March 2, 1889.