Chapter 32. Granting to the White River Railway Company the right to construct, maintain, and operate a single-track railway across the lands of the United States in the south half of the southwest quarter of section twenty-two, township fourteen north, range eight west of the fifth principal meridian, in the c
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CHAP. 32.— An Act Granting to the White River Railway Company the right to construct, maintain, and operate a single-track railway across the lands of the United States in the south half of the southwest quarter of section twenty-two, township fourteen north, range eight west of the fifth principal meridian, in the county of Independence, in the State of Arkansas, reserved for use in connection with the construction of Lock Numbered Three, Upper White River, Arkansas. February 26, 1902.[[Public, No. 23](/us/pl/57/23).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the White River Railway Lock No. 3, Upper White River, Ark.
White River Railway Company granted right of way through lands of.Company, a corporation created and existing under and by virtue of the laws of the State of Arkansas, its successors and assigns, be, and they are hereby, authorized to construct, maintain, and operate a single-track railway over and across the lands of the United States in 42the south half of the southwest quarter of section twenty-two, township fourteen north, range eight west of the fifth principal meridian, in the county of Independence, in the State of Arkansas, reserved for use in connection with the construction of Lock Numbered Three, Upper White River, Arkansas, said railway to be constructed, maintained, Construction.and operated upon the following terms and conditions, to wit:
The railway track so authorized shall be carried across the above-described land on a trestle affording not less than thirteen feet longitudinal clearance between bents, the cap timbers of said trestle to be not over twelve feet in length, and the batter of the inclined posts not to exceed Siding.three inches horizontal distance to one foot vertical distance. Said White River Railway Company, its successors and assigns, shall build and maintain, at their own expense, at some near-by point, a siding or spur track from which the United States can receive and forward Flag station.freight, either in carload lots or less than car-load lots.
Said railway company shall, during the time of the construction of the lock and dam. establish Lock Numbered Three as a flag station for all trains Restriction.carrying passengers. Said White River Railway Company shall not use the river banks within a distance of one hundred and fifty feet allow and below the limits of the lock walls of said Lock Numbered Three as a place for depositing spoil and waste, except under such conditions as may be approved by the United States engineer officer in charge of the improvements of Upper White River, Arkansas.
Rights reserved. Sec. 2. That there is hereby specially reserved to the United States the right to erect chutes of other structures over and under said trestle, in such manner as not to interfere with the movement of trains; to load or unload ears while on the main track of said railway in the vicinity of Lock Numbered Three, provided regularly scheduled trains shall not be thereby delayed; and to build temporary warehouses and other structures, not only along said railway trestle, but also along the railway track adjacent to said reservation for said Lock Numbered Three, on each side thereof, and as close thereto as can be done without interfering with the safe movement and operation of trains, and the said White River Railway Company shall permit the United States to enter upon its right of way adjacent to the Government *Proviso.* Nonresponsibility of the United States.reserve for the purpose of so doing: *Provided,* That the United States in exercising its right to excavate under the aforesaid trestle will not be responsible to the said railway company, its employees, passengers, patrons, or the public for any delay or injury caused by said excavation.
Secretary of War to approve work. Sec. 3. That all work done by said White River Railway Company under this Act shall be subject at all times during and after its completion to the approval of the Secretary of War, and shall be done under Hie supervision of the engineer officer of the United States Army ill charge of the improvement of Upper White River. Arkansas. Amendment. Sec. 4. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 26, 1902.