Chapter 680. Authorizing the White River Railway Company to construct a bridge across the White River in Arkansas
977 words·~4 min read·
/statutes-at-large/vol-32/chapter-680-1077332·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 680.— An Act Authorizing the White River Railway Company to construct a bridge across the White River in Arkansas. May 3, 1902. [[Public, No. 99](/us/pl/57/99).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * White River, Ark. White River Railway Company may bridge. That the White River Railway Company, a corporation organized and existing tinder and by virtue of the laws of the State of Arkansas, its successors and assigns, be, and thev are hereby, authorized to construct and maintain a bridge across the White River, in the State of Arkansas, at such point on theLocation. boundary line between the counties of Baxter and Marion in said State suitable to the interests of navigation as may hereafter be selected by said railway company for crossing said river with its rail-way line.
Said bridge shall be constructed to provide for the passageRailway, wagon, and foot bridge. of railway trains, and, at the option of said railway company, may be used for the passage of wagons and vehicles of all kinds and for the transit of animals and for foot passengers for such reasonable rates of toll as may be fixed by said railway company and approved by theToll. Secretary of War. Sec. 2. That said bridge built under this Act and subject to its limitationsLawful structure and post route. 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, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to said bridge, and shall enjoy the rights and privileges of other post roads in the United States; and equal privileges in the use of said bridge shall beTelegraph, etc. rights. granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridge and its approaches186 for postal-telegraph purposes: *Provided,* That the bridge herein*Proviso*.Aids to navigation. authorized to he constructed, shall be so kept and managed by the company owning and operating it as to afford proper ways and means for the passage through or under it of vessels, barges, or rafts nt all times, both by day and by night; and there shall be displayed on saidLights, etc. bridge from sunset to sunrise such lights and signals as the Light-House Board shall prescribe.
Sec. 3. That if said bridge, erected and maintained under the authorityUnobstructed navigation. of this Act, shall at any time substantially or materially obstruct the free navigation of said river, or shall in the opinion of the Secretary of War obstruct such navigation, he is hereby authorized toChanges. cause such change or alteration of said bridge to be made as will effectually obviate such obstruction, and such alteration 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 arising from anyLitigation. obstruction or alleged obstruction to the free navigation of said river, the case may be brought in the district court of the United States in the State of Arkansas for the district in which any portion of said obstruction or bridge may be located: *Provided,* That nothing in this*Proviso*.Existing laws not affected.
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 to exempt said bridge from the operation of the same. Sec. 4. That all railroad companies desiring the use of the bridgeUse by other roads. 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 reason-able compensation for such use; and in ease the parties interested 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, upon the application of cither party, be determined by the district court of the United States in and for any district in which any portion of said bridge may be.
Sec. 5. That the bridge authorized to be constructed under this ActSecretary 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. mid to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of said bridge and a map of the location, giving for the space of one mile above and one mile below the proposed location of the bridge the, topography of the banks of the river, with shore lines at high and low water, and shall furnish such other information as may he required for a full and satisfactory understanding of the subject; and until the said plans 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 plans of the said bridge during the process of construction or after completion, such change shall be subject to the approval of the.
Secretary of War. Sec. 6. That this Act shall be null and void if actual construction ofTime of construction. the bridge herein authorized be not commenced within one year and completed within three years from the date hereof. Sec. 7. That the right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, May 3, 1902.