Chapter 621. to authorize the Southwestern Arkansas and Indian Territory Railroad Company to build a bridge across the Ouachita River, in Arkansas
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CHAP. 621.— An Act to authorize the Southwestern Arkansas and Indian Territory Railroad Company to build a bridge across the Ouachita River, in Arkansas.July 16, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Southwestern Arkansas and Indian Territory Railroad Company may bridge Ouachila River, Ark. That the Southwestern Arkansas and Indian Territory Railroad Company, a corporation created and existing under the laws of Arkansas, be, and is hereby, authorized to erect and maintain a bridge across the Onachita River, in township ten south, range seventeen west, or at such point near said township as has been selected by said railroad company for crossing said river with their railroad line, the said bridge to be of such height as not to interfere with the navigation of said river: *Provided*, That any bridge constructed under this act and according*Proviso*.Lawful structure and post route. to its limitations shall be a lawful structure, and shall be known and recognized as a post-route, and the same is hereby declared to be 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, or for through passengers or freight passing over said bridge, than the rate per mile paid tor their transportation over the railroads leading to the said bridge; 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 for postal telegraph and telephone lines across said bridge.Postal telegraph.Secretary of War to approve plans, etc.
Sec. 2. That the plan and location of said bridge, with a detailed map of the river at the proposed site of the bridge and near thereto, exhibiting the depths and currents, shall be submitted to the 296FIFTIETH CONGRESS. Sess. I. Chs. 621, 622. 1888. 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 company or corporation 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.
Sec. 3. That Congress reserves the right to alter, amend, or repealAmendment. this act at any time: and that if at any time navigation of the said river shall in the opinion of the Secretary of War be in any manner obstructed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to require the said railroad company to alter and change the said bridge, at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if upon Changes.reasonable notice to said railroad company to make such changes or improvements the said company fails to do so, the Secretary of War shall have authority to make the same at the expense of said company, or to remove said bridge, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of the said river.
Sec. 4. That the bridge hereby authorized to be constructed mayOther companies may use. be used by any other railroad company desiring to cross the Ouachita River at the point where said bridge is built. The amount of compensation co be paid the corporation controlling said bridge shall be fixed by the parties; and in the event of their being unable to agree Secretary of War to decide rate.on the amount, the Secretary of War shall establish such rate of compensation. The right of Congress to repeal, alter, or amend the provisions of this act is hereby expressly reserved.
Sec. 5. That unless the construction of this bridge be commencedCommencement and completion. within one and completed within three years after the passage of this act, all privileges conferred hereby shall become null and void. Approved, July 16, 1888.