Chapter 62. Authorizing the Texarkana and Fort Smith Railway Company to bridge Little River, in the State of Arkansas
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CHAP. 62.— An Act Authorizing the Texarkana and Fort Smith Railway Company to bridge Little River, in the State of Arkansas.April 21, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Texarkana and Fort Smith Railway Company may bridge Little River at Morris Ferry, Ark. That the Texarkana and Fort Smith Railway Company, its successors or assigns, be, and is hereby, authorized to construct and maintain a railway bridge, and approaches thereto, over and across Little River, in the State of Arkansas, at or near Morris Ferry.
Said bridge shall be constructed to provide for Rail way, wagon, and foot bridge.the passage of railway trains, and, at the option of said company, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers for such reasonable rates of toll as may be approved from time to time by the Secretary of War. High bridge.*Post*, p. 634.That if the said bridge shall be made with unbroken and continuous spans there shall be at least one span of a height of not less than fifty feet above low water as understood at the point of location, measured 63 to the lowest part of the superstructure of said bridge; and said span shall have a clear opening of at least two hundred and fifty feet between the piers, measured at right angles to the current, and shall be over the main channel of the river, and the bridge shall be at right, angles to, and the piers parallel with, the current of the river.
And if the bridge over the said river shall be constructed as a. draw or pivotDraw bridge. bridge the draw or pivot pirn’ shall be over the main channel of the river at an accessible navigable point, and the openings on each side of the pivot pier shall not be less than one hundred and thirty feet in the clear, unless otherwise expressly directed by the Secretary of War. and, if so directed, shall be according to such direction, and the said openings shall be accessible at all stages of water, and the spans shall be not less than ten feet above extreme 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 at right angles to the current of the river; 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 channelways provided for in this Act; and the draw shall be opened promptly uponOpening draw. reasonable signal for the passing of boats; and whatever kind of bridge shall be constructed said company shall maintain, at its own expense, from sunset till sunrise thoroughout the season of navigation, such lights or other signals on said bridge as the Light-House Board mayLight, etc. prescribe.
Sec. 2. That the bridge built under this Act, and subject to its limitations,Lawful 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 trans-pollution 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 theUnobstructed navigation. authority of this Act which shall at any time substantially or materially obstruct the free navigation of said river; and if the bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge 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 obstruction orLitigation. 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 district court of the United States for the State of Arkansas, in whose jurisdiction any portion of said obstruction or bridge may be located: *Provided*, That nothing in this Act shall be so construed as to repeal*Proviso*.Existing lawn not affected. or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers or to exempt said bridge from the operation of the same.
Sec. 4. That all railway companies desiring the use of said bridgeUse by other companies. 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 bridge authorized to be constructed under this ActSecretary of War to approve plans, etc. shall be built and located under and subject to such regulations tor 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 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 64 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 are approved by the Secretary of War the bridge shall not be built; and should any Changes.change be made in the plan of such bridge 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 river, and the authority to erect and continue said bridge 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 ofCommencement and completion.*Post*, p. 634. the bridge herein authorized be not commenced within one year and completed within three years from the approval of this Act. Approved, April 21, 1894.