Chapter 752. authorizing the Houston, Central Arkansas and Northern Railway Company to construct and maintain bridges across Bayou Bartholomew and across Ouachita, Red
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/statutes-at-large/vol-25/chapter-752-1521956·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 752.— An Act authorizing the Houston, Central Arkansas and Northern Railway Company to construct and maintain bridges across Bayou Bartholomew and across Ouachita, Red. Little, and Sabine Rivers in Louisiana.August 6, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Houston, Central Arkansas and Northern Railway Company may bridge Bayou Bartholomew and Ouachita, Little, Red, and Sabine Rivers, La. That the Houston.
Central Arkansas and Northern Railroad Company, a corporation created and existing under and by virtue of the laws of the States of Louisiana and Arkansas, be, and is hereby, authorized to construct and maintain bridges across Bayou Bartholomew. Ouachita River. Little River. Red River, and Sabine River, in the State of Louisiana, at such points as may hereafter be selected by said railway company 376 for crossing said rivers with its railroad line. Said bridges shall beRailway, wagon, anti foot bridges. constructed to provide for the passage of railway trains, and at the option of the said railway company by whom 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, for such reasonable rates of toll as may be fixed by said railway company, and approved by the Secretary of War.
Sec. 2. That said bridges built under this act and subject to itsLawful structures and post-routes. limitations shall be lawful structures, and shall be recognized and known as post-routes, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and 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 bridges, and they shall enjoy the rights and privileges of other post-roads in the United States: and equal privileges in the use of said bridges shall be granted to all telegraph companies; and the United States shall have the right of way across said bridges, and its Postal telegraph.Unobstructed navigation.approaches, for postal-telegraph purposes.
Sec. 3. That if said bridge or bridges erected and maintained under the authority of this act shall at any time substantially or materially obstruct the tree navigation of said bayou or river, or 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 such alteration 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 bayou or rivers, Litigation.or either of them, the case may be brought in the district court of the United States of the State of Louisiana in which any portion of said obstruction or *Proviso*.Existing laws.bridge may be 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 bridge or bridges from the operation of the same.
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 relative to the passage of railway trains over the same, and over the Compensation.approaches thereto, upon payment of a reasonable compensation for such use, Sec. 5. That the bridge or bridges 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 bayou and 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 bridge or bridges, and a map of the location, giving for the space of one mile above and one mile below the proposed location of the bridge or bridges, the topography of the banks of the bayou or rivers, 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 or her information as may be required for a full and satisfactory understanding of the subject: and until the said plans and location of the 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 the said bridge or bridges during the progress of Changes.construction, such change shall be subject to the approval of the Secretary of War. and said structure or structures, shall be changed at the cost and expense of the owners thereof from time to time as the Secretary of War may direct so as to preserve the free and convenient navigation of said bayou or rivers. 377 Sec. 6.
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 four years from the date thereof. Sec. 7. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved. Approved, August 6, 1888.