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Code · STATUTES-AT-LARGE · Vol. 28 STAT. · June 14, 1894 · Chapter 105

Chapter 105. To authorize the Pennsylvania and New Jersey Railroad Companies, or either of them, to construct and maintain a bridge over the Delaware River between the States of New Jersey and Pennsylvania

892 words·~4 min read·/statutes-at-large/vol-28/chapter-105-415199·

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CHAP. 105.— An Act To authorize the Pennsylvania and New Jersey Railroad Companies, or either of them, to construct and maintain a bridge over the Delaware River between the States of New Jersey and Pennsylvania.June 14, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Pennsylvania and New Jersey Railroad Companies may bridge Delaware River, Philadelphia. That the Pennsylvania and New Jersey Railroad Company, organized under the authority of the State of Pennsylvania, and the Pennsylvania and New Jersey Railroad Company, organized under the authority of the State of New Jersey, or either of said companies, are hereby authorized.to locate, build, Railroad, etc., bridge.maintain, equip, and operate a bridge and the appurtenances and works connected therewith across the Delaware River between a point in the city of Philadelphia and State of Pennsylvania above the foot of Roxborough street and within a distance of two miles from the point at which the Frankford Creek enters the said Delaware River, and a point in the State of New Jersey above the shore end of the Fishers Point Dyke and within two miles from the point where the Pensauken Creek enters the said river, and to lay one or more tracks thereon for the connection of railroads on either side of said river (and may, at any time, at its or their option, also adapt and use said bridge for ordinary travel) in order to facilitate interstate commerce and the transportation of persons and property, and for postal, military, and other purposes.
Said bridge shall be constructed with a Spans.channel span of five hundred feet in length, having a clear headroom at high water of forty feet and a draw span with a clear waterway of one hundred and twenty-five feet on each side of the pier, the length of each of the remaining spans not to be less than three hundred feet: *Proviso*.Opening draw.*Provided*, That said draw shall be opened promptly upon reasonable signal for the passage of vessels and boats. Sec. 2. That the said company or companies shall, at least three Secretary of War to approve plans, etc.months previous to the erection of the said bridge, submit to the Secretary of War a plan of the bridge, with a detailed map showing the proposed site of the bridge and the river for a distance of one mile above and one mile below such site, with such other information as the Secretary of War may require for a full and satisfactory understanding of the subject: and he shall thereupon approve said plan or such modification thereof as he may deem necessary for the security of navigation, and upon approval thereof he shall so notify the said company, or companies, which shall thereupon have the authority to proceed with the construction of said bridge; but until the Secretary of War approves the plan of said bridge the erection of the same shall not be commenced.
And no change shall be made in the plan during the progress of such work except with the approval of the Secretary of War. Sec. 3. That if the company or companies shall fail to present plansCommencement and completion. to the Secretary of War for a period of more than one year after the approval of this Act, or shall fail to commence the construction of said bridge within two years after the approval of the Secretary of War, or shall fail to complete the same within seven years after such approval, then, in either of said events, this Act shall be null and void.
Sec. 4. That the said bridge and the railroads thereover constructedLawful structure and post road.Tolls. under the provisions of this Act shall be a lawful structure, and shall be recognized and known as a post road. Reasonable tolls may be collected by said company or companies for passage thereover, but no higher charge shall be made for the transmission of the mails, troops, and 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 bridge; and the United States shall have the right of way for Postal telegraph.*Proviso*.Use by other companies.postal telegraph purposes across the bridge: *Provided*, That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same, and over the approaches to the same, upon the payment of a reasonable compensation for such use; and in Compensation.case the owner or owners of said bridge and the several railroad 93 companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon the 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 owner or owners of said bridge shall maintain onLight, etc. the same, at their own expense, from sunset to sunrise, such lights or signals as the United States Light-House Board shall prescribe. Sec. 6. That the right to alter, amend, or repeal this Act is herebyAmendment, etc. expressly reserved. Approved, June 14, 1894.
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