Chapter 1247. To authorize the Norfolk and Western Railway Company to bridge the Tug Fork of Big Sandy River at certain points where the same forms the boundary line between the States of West Virginia and Kentucky or the boundary line between the States of West Virginia and Virginia
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CHAP. 1247.— An Act To authorize the Norfolk and Western Railway Company to bridge the Tug Fork of Big Sandy River at certain points where the same forms the boundary line between the States of West Virginia and Kentucky or the boundary line between the States of West Virginia and Virginia. April 12, 1904. [[H. R. 5811](/us/bill/58/hr/5811).] [[Public, No. 105](/us/pl/58/105).] *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 Tug Fork of Big Sandy River.
Norfolk and Western Railway Company may bridge. the Norfolk and Western Railway Company, a railroad corporation owning and operating lines of railroad in West Virginia, in the improvement, relocation, or extension of any part or parts of its line or the building of branches therefrom, to construct and maintain bridges Location. and approaches thereto across the Tug Fork of the Big Sandy. River at such points where the same forms the boundary line between the States of West Virginia and Kentucky or the boundary line between the States of West Virginia and Virginia as the said company may deem suitable for the passage of its road over the said fork of the Big Sandy River, subject to the approval of the Secretary of War.
Sec. 2. That any bridge or bridges authorized to be constructed Lawful structures and post routes. under this Act shall be lawful structures, and shall be recognized and known as post routes, and they shall enjoy all the rights and privileges of other post-roads in the United States, upon which also no higher charge shall be made for the transmission over the same of the mails or for through passengers or freight passing over said bridge or bridges and approaches than the rate per mile paid for transportation over the railroads leading to said bridge or bridges; and the United States shall have the right of way for postal telegraph and telephone purposes without charge therefor across said bridge or bridges and approaches.
Said bridge or bridges shall be built and located under Secretary of War to approve plans, etc. and subject to such regulations for the security of navigation as the Secretary of War shall prescribe; and 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 the bridge or bridges and a map of the location or locations, giving for the space of one mile above and one mile below the proposed location or locations 172 the high and low water lines upon the banks of the river or rivers, the direction and strength of the current at all stages of the water, with the soundings, accurately showing the bed of the stream and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plans and locations are approved by the Secretary of Changes.
War the bridge or bridges shall not be commenced or built; and should any change be made in the plan of said bridge or bridges during the progress of construction or after completion, such changes shall be subject to the approval of the Secretary of War, and any changes which the Secretary of War may require at any time in the said structures shall be promptly made by the said company at its own expense. Sec. 3. Use by other roads. That all railroad companies desiring the use of the bridge or bridges authorized by 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 the payment of a reasonable compensation for such use, and in case the owner or owners of the said bridge or bridges and the several railroad 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 or bridges, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the Telegraph, etc., rights. allegations and proofs of the parties; and equal privileges in the use of said bridge or bridges shall be granted to all telegraph and telephone companies.
Sec. 4. Lights, etc. That on any bridge or bridges constructed under the provisions of this Act there shall be maintained at the expense of the company or corporation owning or controlling the same such lights and other signals as may be prescribed by the Light-House Board. Sec. 5. Time of construction. That this Act shall be null and void if actual construction of the bridges herein authorized be not completed within three years from the date hereof. Sec. 6. Amendment. That the right to alter, amend, or repeal this Act is hereby expressly reserved.
Approved, April 12, 1904.