Chapter 221. To authorize the Central Railway of West Virginia to build a bridge across the Monongahela River at or near Morgantown, in the State of West Virginia
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CHAP. 221.— An Act To authorize the Central Railway of West Virginia to build a bridge across the Monongahela River at or near Morgantown, in the State of West Virginia. March 18, 1902.[[Public, No. 44](/us/pl/57/44).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Central Railway of Monongahela River. Central Railway of West Virginia may bridge, at Morgantown, W. Va.West Virginia, a corporation created, organized, and existing under the law of the State of West Virginia, be, and is hereby, authorized to construct and maintain a railway bridge, and approaches thereto, over the Monongahela River, in the State of West Virginia, at a point near Morgantown, in Monongalia County, which said point is near the present suspension bridge across said river.
Said bridge shall be constructed Railway, wagon and foot bridge.for the passage of railway trains and, at the option of the corporation for which it is built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, for reasonable rates of toll, to he fixed by the said company and approved by the Secretary of War. Sec. 2. That the said bridge to be constructed under this Act and Lawful structure and post route.subject to its limitations shall be a lawful structure, and shall be recognized and known as a post road, and shall enjoy the rights and privileges of other post roads in the United States; that no higher charges shall be made for the transmission over the same of the mail, troops, and munitions of war of the United States, or for through railway passengers or freight, passing over said bridge, than the rate per mile for their transmission over the roads leading to said bridge; and equal Telegraph, etc., rights.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 for postal telegraph purposes; that the said Unobstructed navigation.bridge shall be constructed so that a free, and unobstructed passage may be secured to all water craft navigating said river at the point aforesaid; and the said corporation shall maintain, at its own expense, Lights, etc.from sunset to sunrise, such lights or other signals on the said bridge as the Light-House Hoard shall prescribe: *Provided,* That all railroad *Proviso.* Use by other companies.
Compensation.companies desiring the use of said bridge and approaches shall have and be entitled to equal rights and privileges relative to the passage of trains over the same upon payment of a reasonable compensation for such use; and in case 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 or upon rules and conditions to which each shall conform in using said bridge and approaches, 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 the bridge 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 river as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, designs and drawings of the said bridge and a map of the location of the same, giving the topography of the banks of the river, the shore line at high and low water, and the direction and strength of the current at different stages, the location of any other bridge or bridges within one mile thereof, and such further information as may be required for a satisfactory understanding of the subject.
Such map shall be accompanied by another drawn on the scale of one inch to two hundred feet, giving, for a space of one-half mile above the proposed site and u quarter of a mile below, an accurate representation of the bottom of the river, by contour lines two feet apart, determined by accurate soundings: and said bridge shall not be constructed until the plan and location is approved by the Secretary of War. Sec. 4. That the right to alter, amend, or repeal this Act is hereby Amendment.
Changes.reserved; and any alterations or changes that may be required by the 72Secretary of War in the bridge constructed tinder this Act shall be made by the corporation owning or controlling the same at its own Time of construction.expense. Furthermore, if the construction of the said bridge shall not be completed within two years after the passage of this Act all the privileges conferred hereby and this Act shall become null and void. Approved, March 18, 1902.