Chapter 241.
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/statutes-at-large/vol-27/chapter-241-1099442·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 241.— An act to establish a railroad bridge across the Black River, in Arkansas.July 23, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Hoxie and Pocahontas Railroad Company may bridge Black River at Pocahontas. Ark. That the Hoxie and Pocahontas Railroad Company, a corporation organized under the laws of the State of Arkansas, its successors and assigns, are hereby authorized and empowered to erect, establish, and maintain a railroad bridge across the Black River, in the State of Arkansas, between a point on the east side of said river, in the county of Randolph in said State, to be by said company selected, and a point to be also selected by said company at or near the town of Pocahontas on the west side of said Black River, in said county of Randolph and State of Arkansas; and that said bridge shall not interfere with the free navigation of said river, and in case of any litigation arising from any obstruction or allegedUnobstructed navigation.
Litigation. obstruction to the free navigation of said river, the same shall be instituted and determined in the district court of the United States for the eastern district of the State of Arkansas. Sec. 2. That any bridge built under the provisions of this act may. AtConstruction the option of the company building the same, be built as a drawbridge, with a pivot or other form of draw, or with unbroken or continuous 266 spans: *Provided*, That if the said bridge shall be built with unbroken*Provisos*. or continuous spans it shall have one or more channel spans, Spans.each having not less than two hundred feet clear channel way, measured normal to the current of said river, and not less than fifty feet clear headroom above high-water mark, and the clear headroom under the Height.other channel spans may be less than fifty feet: *Provided*, That no part of the superstructure of such spans shall give a less headroom than ten Piers, etc.feet above high-water mark: *And provided further*, That the interests of navigation be not injured by such reduction in height; and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less Draw.than two hundred feet in length: *And provided also*, That if any bridge built under this act shall be constructed as a drawbridge, the same shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point and with spans of not less than one hundred feet in length, measured normal to the current of said river, on each side of the central or pivot pier of the draw: and the next adjoining spans to the draw shall not be less than two hundred feet in length, measured normal to the current of said river, and every part of the superstructure shall give a clear headroom Location of spans.of not less than ten feet above high watermark: *Provided*, That the spans of both high and low bridges shall be so located as to afford the greatest possible accommodations to the river traffic, and a draw opening of low bridges shall, if practicable, be located next or near shore; and the piers of said bridge shall be parallel with the current of the river when Opening draw.said bridge may be erected: *And provided also*, That said draw shall be opened promptly upon reasonable signal for the Approaches.passage of boats: *And provided also*, That if the approaches by land to said bridge shall be built over land submerged at high water, said approaches shall be provided with sufficient passage for water, in connection with the water way through the spans of said bridge, to pass the flood discharge of the Black River without unduly increasing the velocity of flow through the navigated spans of said bridge: *And provided also*,Aids to navigation.
That all such dikes, booms, piers, fences, wing dams, and other necessary works that may be necessary to safely guide all steamboats, rafts, tows, and other water craft navigating said river, up to and through said draw or channel spans at any and all stages of water in the Black River, within a distance of one mile above and one-half mile below said bridge shall be located, constructed, and maintained Maps to show approaches, etc.at all times as may be required by the Secretary of War: *And provided also*, That the approaches of said bridge by land or by water within the limits of high water with limiting and level lines of the natural surface, grades of track, and proposed high-water discharge openings, within said overflowed limits along the line of such road or any road using said bridge and all accessory works herein required among other data hereinafter required shall be indicated, shown and located upon the maps and plans of said bridge, hereinafter required to be submitted for approval to the Secretary of War.
Sec. 3. That any bridge constructed under this act and according toLawful structure and post route. its limitation 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 than the rate per mile paid for their transportation over the railroads and public highways leading to the said bridge, and the United States shall have the right of way for a postal Postal telegraph.telegraph across said bridge.
Sec. 4. That all railway companies desiring to use said bridge shallUse by other companies. have and be entitled to equal rights and privileges in the passage of the same and in the use of the machinery and fixtures thereof, and of Terms.the approaches thereto, under and upon such terms and conditions as 267 shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in ease they shall not agree. Sec. 5. That the structure herein authorized shall be built and locatedSecretary of War to approve plans, etc. 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 drawings of said bridge and approaches by land and by water, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current 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 other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge and approaches thereto are approved by the Secretary of War the bridge shall not be commenced or built, and should any change be made in the plan of said bridge during the process of construction such change shall be subject to the approval ofChanges. the Secretary of War; and the said structure shall be at all times so managed and kept as to offer reasonable and proper means for the passage of vessels through or under said structure; and to secure the safe passage of vessels at night there shall be displayed on said bridge, from the hour of sunset to that of sunrise, such lights as may be prescribedLights. by the Light-House Board; and the said structure 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 river.
Sec. 6. That this act shall be null and void if actual construction ofCommencement and completion. the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Sec. 7. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved. Approved, July 23, 1892.