Chapter 183. To authorize the construction of a bridge over the Black River, at or near Pocahontas, Arkansas
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CHAP. 183.— An Act To authorize the construction of a bridge over the Black River, at or near Pocahontas, Arkansas. April 21, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That it shall be lawful for thePocahontas Bridge Company may bridge Black River, Arkansas. Pocahontas Bridge Company, a corporation duly and legally incorporated under the laws of the State of Arkansas, its successors or assigns, to construct and maintain a bridge over the Black River at or near Pocahontas, in Randolph County, Arkansas.
Said bridge shall be constructedPassage of trains, vehicles, etc. to provide for the passage of railway trains, and, at the option of the persons by whom it may be built, 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 fromToll. time to time by the Secretary of War. Sec. 2. That any bridge built under the provisions of this Act andLawful structure and post route. subject to its limitations 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 and troops and the munitions of war of the United States, or passengers or freight passing over the said bridge, 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; and the United States shall have the right ofTelegraph and telephone companies. way across said bridge and its approaches for postal-telegraph purposes, and all telegraph and telephone companies shall have equal rights and privileges in constructing and maintaining their lines across said bridge.
Sec. 3. That said bridge shall be constructed as a drawbridge of suchDrawbridge. character of construction, and having such width of draw openings and such elevation above high water, as the Secretary of War may prescribe; and the draw openings of said bridge shall be so protected and arranged that water craft can be worked through them at any and all times; and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river: *Provided,* That said draw shall*Provisos.*Opening of draw be opened promptly upon reasonable signals for the passage of boats; and said company or corporation shall maintain at its own expense,Lights. from sunset until sunrise, such lights or other signals on said bridge as the Light-House.
Board shall prescribe. No bridge shall be erected orObstruction to free navigation. maintained under authority of this Act which at any time substantially or materially obstructs the free navigation of said river; 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—alterations. 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, or the corporation controlling the same, and in case of—litigation. any litigation arising from any obstruction, or alleged obstruction, to the free navigation of said river, caused or alleged to be caused by said bridge, the cause may be brought in the circuit court of the United States for the State of Arkansas, in whose jurisdiction any portion of said obstruction or bridge may be located: *Provided further,* ThatExisting law unchanged. 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 exempt this bridge from the operation of the same.
Sec. 4. That all railroad companies desiring the use of said bridgeRights of railroads. shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over approaches thereto, upon payment of a reasonable compensation for such use; and in caseDisagreement with owner of bridge. the owner or owners of said bridge and the several railroad companies, or any 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. 360 FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 183–185. 1898. Sec. 5. Secretary of War to prescribe regulations. That any bridge authorized to be constructed under this Act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall —to approve plans, location, etc.prescribe; and to secure that object the said company shall submit to the Secretary of War for his examination and approval a design and drawing of the bridge and a map of 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 directions and strength of currents at all stages, and soundings accurately showing the bed of the stream, and 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 —changes.Secretary of War, the bridge shall not be commenced or built; and if any change is required by the Secretary of War in the plan of said bridge while the same is in progress of construction or after its completion, or if the entire removal of said bridge is required by him at any time, the cost of such change or removal shall be paid by the company owning or controlling said bridge.
Sec. 6. Amendment. That the right to alter or amend or repeal this Act is hereby expressly reserved. Sec. 7. Commencement and completion. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date hereof. Approved, April 21, 1898.