Chapter 24. Authorizing the Gulf, Beaumont and Kansas City Rail way Company to bridge the Neches and Sabine Rivers in the States of Texas and Louisiana
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CHAP. 24.— An Act Authorizing the Gulf, Beaumont and Kansas City Rail way Company to bridge the Neches and Sabine Rivers in the States of Texas and Louisiana.February 2, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Gulf, Beaumont and Kansas City Railway Company may bridge Neches River, Tex., and Sabine River, Tex. and La. That the Gulf, Beaumont and Kansas City Railway Company, its successors or assigns, be, and is hereby, authorized to construct and maintain a railway bridge, and approaches thereto, over and across Neches River, in Texas; and also, a railway bridge, and approaches thereto, over and across Sabine River, in Texas and Louisiana, at such points as may be selected by said railway company subject to approval by the Secretary of War for crossing said rivers with its railroad line.
Said bridges shall be constructedRailway, wagon, and foot bridge. to provide for the passage of railway trains and, if the Secretary of War shall at any time so determine, may be used for the passage, of wagons and vehicles of all kinds, for the transit of animals, for foot passengers, for such reasonable rates of toll as may beTolls. approved from time to time by the Secretary of War. That if the. said bridges, or either of them, over the said rivers shall be made with unbroken and continuous spans, there shall be at least one span of aSpans. height of not less than eighty feet above low water as understood at the point of location, measured to the lowest part of the superstructure of said bridge; and said span shall have a clear opening of at least two hundred feet between the piers, measured at right angles to the current, and shall be over the main channel of the river, and the bridge or bridges shall be at right angles to and the piers parallel with the current of the river.
And if the bridges, or either of them over theDraw. said rivers shall be constructed as draw or pivot bridges the draw span shall be over the main channel of the river at accessible navigable points, and the openings on each side of the pivot pier shall not be less than one hundred feet in the clear unless otherwise expressly directed by the Secretary of War, and if so directed shall be according to such directions; and the said opening shall be accessible at all stages of water, and the spans shall not be less than ten feet above extremeHeight of spans. high water, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the piers and draw rests shall be parallel with and the bridge or bridges at right angles to the current of the river or rivers; and no riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the, water at its extreme low stage, or otherwise to encroach upon the channel ways provided for in this Act; and allOpening draw. and each of said draws shall be opened promptly, upon reasonable signal, for the passing of boats; and said company shall maintain at its own expense from sunset till sunrise, such lights or other signalsLights, etc. on said bridges as the Light-House Board may prescribe.
Sec. 2. That any bridge built under this Act and subject to its limitationsLawful structure and post route. 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, the troops, and the 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 bridge; and it shall enjoy the rights and privileges of other post roads in the United States.
Sec. 3. That no bridge shall be erected or maintained under theFree navigation. authority of this Act which shall at any time substantially or materially obstruct the free navigation of said rivers, and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation he is hereby authorized to cause such changeChanges. or alteration of said bridge or bridges to be made as will effectually obviate such obstruction; and all such alterations 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 obstructionLitigation. or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the 36 district court of the United States for the eastern district of Texas, in whose jurisdiction any portion of said obstruction or bridge may be *Proviso*.Existing laws not effected.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 bridges from the operation of the same.
Sec. 4. That all railway companies desiring the use of said bridges,Use by railway companies. or either of them, shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use. Sec. 5. That the bridges authorized to be constructed under this Act Secretary of War to approve plans, etc.shall be built and located under and subject to such regulations for the security of navigation of said rivers as the Secretary of War shall prescribe; and to secure that object said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of said bridge, and each of them, 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 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 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 or bridges are approved by the Secretary of War the bridge Changes.or bridges shall not be commenced or built; and should any change be made in the plan of said bridges, or either of them, during the progress of construction, such change shall be subject to the approval of the Secretary of War.
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 rivers, and the authority to erect and continue any and all of said bridges shall be subject to revocation by the Secretary of War whenever the public good, in his judgment, so requires. Sec. 6. That the right to alter, amend, or repeal this Act is herebyAmendment, etc. expressly reserved.
Sec. 7. That this Act shall be null and void if actual construction of Commencement and completion.the bridge or bridges herein authorized be not commenced within one year and completed within three years from the approval of this Act. Approved, February 2, 1894.