Chapter 879. To authorize the Portland, Nehalem and Tillamook Railway Company to construct a bridge across Nehalem Bay and River, in the State of Oregon
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CHAP. 879.— An Act To authorize the Portland, Nehalem and Tillamook Railway Company to construct a bridge across Nehalem Bay and River, in the State of Oregon. March 3, 1901. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, *, Portland, Nehalem and Tillamook Railway may bridge Nehalem Bay and River, Oreg. That the Portland, Nehalem and Tillamook Railway Company, a corporation created and existing under the laws of Oregon, its successors and assigns, he, and is hereby, authorized to construct and maintain a bridge and approaches thereto across the upper portion of Nehalem Bay, or across the main channel of, or the North Fork of, the Nehalem River, to the opposite shore of said bay or rivers, in the county of Tillamook and State of Oregon: *Proviso*.—location.*Provided,* That a location is found within or near Nehalem Bay suitable to the interests of navigation and satisfactory to the Secretary of Transit, etc.War.
Said bridge will be constructed where necessary for the crossing of said bay and rivers with said railway company’s railway at such points as may be selected by the said railway company, and subject to the approval of the Secretary of War, and shall be so constructed as to provide for the passage of railroad trains, and, at the option of said railway company by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals and foot passengers, for such reasonable rates of toll as may be fixed by the said railway company and approved by the Secretary of War.
Sec. 2. Lawful structure and post route. That any bridge built under this Act, and subject to its limitations, shall be a lawful structure, and shall be recognized and known as a post route, and shall enjoy the same rights and privileges Telegraph, etc., companies.as other post roads in the United States; and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies; and the United States shall have the right of way across said bridge and its approaches for postal-telegraph and telephone purposes: *Proviso*.Rights of railroads to use.*Provided,* That all railway companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of cars over the same and the approaches thereto upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and several 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. 3. Aids to navigation. That the bridge across said Nehalem Bay or the main or North Fork of Nehalem River shall be so constructed, whether by draw, span, or otherwise, that a free and unobstructed passage may be secured to all vessels and other water craft navigating said bay or rivers, and be built under and subject to such regulations for the security of the navigation of the said bay or rivers over which they may be built Secretary of War to approve plan.as the Secretary of War may prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, designs and drawings of the bridge and 1457maps of location selected; and until said plans and locations are approved by the Secretary of War the bridge shall not be commenced or built; and should any changes be made in the plans of said bridge duringChanges. the process of construction or after completion such changes shall be subject to the approval of the Secretary of War; and all changes in said bridge required by the Secretary of War at any time shall be at the expense of the corporations or persons owning or operating said bridge: *Provided*, That for the safety of vessels passing at night*Proviso.*Lights. there shall be displayed on said bridge, from sunset to sunrise, at the expense of the owners thereof, such lights and other signals as the Light-House Board may prescribe.
Sec. 4. That Congress may, at any time, alter, amend, or repeal thisAmendment. Act. Sec. 5. That this Act shall be null and void if actual constructionCommencement and completion. of the bridge herein authorized be not commenced within one year and completed within four years from the date hereof. Approved, March 3, 1901.