Chapter 164.
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CHAP. 164.— An act to authorize the construction of a tunnel under the waters of the bay of New York, between the. town of Middletown, in the county of Richmond. and the town of New Utrecht, in the county of Kings, in the State of New York, and to establish the same as a post-road.February 13, 1891. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,New Jersey and Staten Island Junction Railroad Company may tunnel New York Ray from Middletown to New Utrecht, N.
Y. That it shall be lawful for the New Jersey and Staten Island Junction Railroad Company, a corporation existing under the laws of the State of New York, to build and maintain a tunnel under the waters of the bay of New York, from a point in the town of Middletown, in the county of Richmond, in said State, to a point in the town of New Utrecht, Railroad tunnel.in the county of Kings, in said State, for the passage of railroad trains, engines, and cars in and through the same, and to lay in and Tracks, etc.through said tunnel such and so many railway tracks as may be necessary for the use of said company, and such connections or extensions thereof as may be made, and for the use and more perfect connection of any and all railroads that are or shall be constructed to the said Use by other companies.points, and that all railway companies desiring to use the said tunnel shall have and be entitled to equal rights and privileges in the passage through the same, and in the use of the tracks and fixtures thereof, and Terms.of all the approaches thereto, for a reasonable compensation, to be paid to the owners of said tunnel, under and upon such terms and conditions as shall be agreed to by the owners of said tunnel and *Proviso*.such other railway companies: *Provided, however*, That in case Disagreement.such parties can not so agree then, and in such case, such other railway companies shall have the right to so use the tunnel under such terms and conditions as shall be prescribed by the Secretary of War, after hearing the allegations and proof of the respective parties.
FIFTY-FIRST CONGRESS. Sess. II. Chs. 164, 165. 1891.749 Sec. 2. That said tunnel shall be so constructed as not in any mannerSecurity of navigation. to interfere wit h the navigation of ships, steamboats, and other watercraft in the said bay of New York; that the upper surface of the Covering arch of the said tunnel shall be placed at a depth below theDepth below bed. bed of the said bay sufficient to save and protect the waters of the said bay and the currents and channels thereof from any change or alteration by reason of the construction of the said tunnel or any part thereof; and no obstruction, either of a temporary or permanentNo obstruction in waters. character, to the free and unrestricted navigation of the said bay of New York shall be built anywhere within the waters of said bay in connection with the construction of the tunnel or any part thereof.
Sec. 3. That any tunnel constructed under this act together withLawful structure and post-route. the approaches thereto, and according to its terms and limitations, shall be a lawful structure, and shall be recognized and known as a post-route, upon which no higher charge shall be made for the transportation over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to said tunnel; and the United States shall have the right of way for postalPostal telegraph. telegraph purposes through and in said said tunnel, and over the approaches thereto.
Sec. 4. That the plan and location of said tunnel, with a detailedSecretary of War to approve plan location, etc. map of the bay of New York at, over, and near to the proposed site of the said tunnel, exhibiting the depth of water and the currents and channel thereof, shall be submitted to the Secretary of War for his approval, and until he shall approve the plan and location of said tunnel, it shall not be built, but upon the approval of said plans by the Secretary of War the said company may proceed to the building of the said tunnel in conformity with said approved plan; and no change shall be made in the plan or location of said tunnel duringChange of plan, etc. the progress of the work thereon, except the same be first approved by the Secretary of War.
If the Secretary of War shall at any time deem any change orStructural changes, etc. alterations necessary in the said tunnel, so that the same shall not interfere with or endanger the navigation of ships, steamboats, and other watercraft, or if be shall deem the disuse of the whole structure necessary for the preservation of the harbor for the purpose of navigation, the alteration so required shall be made at the expense of the parties owning said structure. Sec. 5. That if work shall not be commenced upon said tunnelCommencement and completion. within three years and completed within ten years after the passage of this act, the rights and privileges hereby granted shall determine and cease.
Sec. 6. That the right to alter, amend, or repeal this act is herebyAmendment, etc. expressly reserved. Approved, February 13, 1891.