Chapter 181. authorizing the Brazos Terminal Railway Company to construct a bridge across the Brazos River in the State of Texas
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CHAP. 181.— An Act authorizing the Brazos Terminal Railway Company to construct a bridge across the Brazos River in the State of Texas.May 1, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Brazos Terminal Railway Company may bridge the Brazos River, Texas, near mouth. That the assent of Congress is hereby given to the Brazos Terminal Railway Company, a corporation incorporated and organized under the laws of the State of Texas, and to its successors and assigns, to construct and maintain a bridge and approaches thereto across the Brazos River, in the State of Texas, between its mouth and a point twelve miles up said Railway, wagon, and foot bridge.river.
Said bridge shall be so constructed as to provide for the passage of railway trains, and, at the option of the said corporation, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for reasonable rates of Tolls.toll, to be fixed by said company, and approved by the Secretary of War. Sec. 2. Pivot-draw. That any bridge built under this act shall be constructed as a pivot drawbridge, with a draw over the main channel at an Spans.accessible and the best navigable point, and with spans giving a clear waterway, measured at the lowest stage of water known at the locality, of such width and height as the Secretary of War. may.
Superstructural height.upon examination, prescribe; and the lowest part of the superstructure of the bridge shall be of such elevation above the plane of the highest flood known at the locality as the Secretary of War may deem advisable; and the piers of said bridge shall be parallel to and *Proviso*.Opening of draw.the bridge shall be at right angles to the current of the river: *Provided*, That the draw shall be opened promptly upon reasonable signal for the passage of boats and other watercraft, except when Delay.trains are passing over the draw; but in no case shall unnecessary delay occur in opening the draw during or after the passage of trains; and said corporation shall maintain, at its own expense, from Lights, etc.sunset to sunrise, such lights and other signals on said bridge as the Light-House Board shall prescribe, and said corporation shall Aids to navigation.provide. at its own expense, such sheer-booms, guide-piers, and other devices as may be necessary to facilitate the safe passage of boats or other watercraft through the spans of said bridge.
The said bridge shall be located and built under and subject to such regulations for Security of navigation.the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company shall Secretary of War to approve plans, etc.submit to the Secretary of War, for his examination and approval, a design and drawings of said bridge and a map of the location, giving for the space of one mile below and one mile above the proposed FIFTY-FIRST CONGRESS.
Sess. I. Chs. 181-182. 1890.81 location, the topography of the banks of the river, the shorelines at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed and channel of the stream, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and, until the said location and plans of the bridge hereby authorized to be constructed are approved by the Secretary of War, the said bridge shall not be built: and should any change be made inChange in plan. the plan of such bridge during the progress of construction thereof, such change shall be subject to the approval of the Secretary of War; and in case of any litigation arising from the obstruction or allegedLitigation. obstruction caused by said bridge to the free navigation of said river, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of the bridge is located.
Sec. 3. That the bridge authorized to be constructed under thisLawful structure and post-route. act shall be a lawful structure, and shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, troops, and the munitions of war of the United States, or for through railway passengers orThrough rates. freight passing over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and equal privileges in the use of said bridge shall be granted to all telegraphUse by telegraph companies.Postal 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 all railroad companies desiring the use of said bridgeUse by other railroad companies, etc. shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the j several railroad companies, or any of them, desiring such use, shall i 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 matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
Sec. 5. That the right to alter, amend, or repeal this act, wheneverAmendment. Congress shall consider it necessary to the public interest, is hereby expressly reserved; any any alterations or changes that may be required by Congress in the bridge constructed under this act, orAlterations or changes. the entire removal of said bridge, if required by Congress, shall be made by the corporation owning or controlling the same at its own expense; and if said bridge shall not be commenced in one year andCommencement and completion. be finished within three years from the passage of this act the rights and privileges hereby granted as to such bridge shall be null and void.
Approved, May 1, 1890.