Chapter 152. Authorizing the Aransas Harbor Terminal Railway Company to construct a bridge across the Corpus Christi Channel, known as the Morris and Cummings Ship Channel, in Aransas County, Texas
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CHAP. 152.— An Act Authorizing the Aransas Harbor Terminal Railway Company to construct a bridge across the Corpus Christi Channel, known as the Morris and Cummings Ship Channel, in Aransas County, Texas.May 4, 1896. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Aransas Harbor Terminal Aransas Harbor Terminal Railway Company may bridge Morris and Cummings Ship Channel, Texas. Railway Company, a corporation chartered under the laws of the State of Texas, is hereby authorized and empowered to erect, construct, maintain, and operate a bridge over and across the Corpus Christi Channel, known as the Morris and Cummings Ship Channel, in Aransas County, Texas.
Said bridge shall be constructed to provide for the Railway bridge. passage of railway trains on and over a double or single track, as said Aransas Harbor Terminal Railway Company may elect. Sec. 2. That said bridge shall be constructed as a drawbridge, with Drawbridge. the drawspan over the main navigable channel, of such clear width of opening or openings as the Secretary of War may decide to be necessary to afford free passage to such vessels and boats as navigate said channel: *Provided,* That said bridge shall be opened promptly upon *Provisos.* Opening draw. reasonable signal for the passage of boats and other water craft, except when trains are passing over the draw or turn; but in no case shall unnecessary delay occur in opening the draw or turn after the passage of trains, or at any other time; and the said Aransas Harbor Terminal Railway Company shall maintain at its own expense from sunset to sunrise such lights or other signals on said bridge as shall be prescribed Lights, etc. by the United States Light-House Board; and no bridge shall be erected and maintained under the authority of this Act which shall at any time substantially or materially obstruct the free navigation of said Unobstructed navigation. channel; 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 change or alteration of such 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 Litigation. growing out of said obstruction, or alleged obstruction, to the navigation of said channel, caused, or alleged to be caused, by said bridge, the suit may be brought in the circuit court of the United States in which any portion of said obstruction or bridge may be located: *Provided further,*Existing laws not affected. That nothing in this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference 112 FIFTY-FOURTH CONGRESS.
Sess. I. Chs. 152–154. 1896. to the protection of navigation of rivers, or to exempt this bridge from the operation of the same. That all railroad companies desiring the Use by other companies. use of any bridge constructed under this Act 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 Compensation. owners of said bridge, and the several railroad companies, or any one of them desiring such use, shall 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. 3. That any bridge authorized to be constructed under this Act Secretary of War approve plans, etc. shall be located and built under and subject to such regulations for the security of said channel as the Secretary of War shall prescribe; and to secure that object the said corporation shall, at least thirty days previous to the commencement of the construction of said bridge, submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location, giving such information as may be necessary to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such information as may be required for a full and satisfactory understanding of the subject; and until such plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built, and should any change be made in the plan of said bridge during the progress of construction, or after completion, such change shall be subject to the approval of the Secretary of War.
Sec. 4. That the right to alter, amend, or repeal this Act is hereby Amendment, etc. expressly reserved; and the right to require any changes in said structure or its entire removal at the expense of the owners thereof, whenever Congress or the Secretary of War shall decide that the public interest requires it, is also expressly reserved. Sec. 5. That this Act shall be null and void if actual construction of Commencement and completion. the bridge herein authorized be not commenced within one year and completed within three years from the passage of this Act.
Approved, May 4, 1896.