Chapter 36. To build a bridge across the Ouachita River, Arkansas
908 words·~4 min read·
/statutes-at-large/vol-33/chapter-36-2943821·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 36.— An Act To build a bridge across the Ouachita River, Arkansas. January 12, 1905.[[H. R. 15817](/us/bill/34/hr/15817).][[Public, No. 9](/us/pl/34/9).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Ouachita River.Inter-Urban Transit Company may bridge, at Camden, Ark. That the Inter-Urban Transit Company a corporation Organized and existing tinder and by virtue of the laws of the State of Arkansas, be, and it is hereby, authorized, to construct and maintain a drawbridge across the Ouachita River, in the State of Arkansas, at or near Camden.
Arkansas, at. a point which may hereafter be selected by said I liter-Urban Transit Company for crossing said river with its line of railway and agreed upon by the Secretary Electric railway drawbridge.Use by other companies.of War. Said bridge shall be constructed to provide for the passage of electric-railway cars; and all street railroad companies desiring the use of the bridge, shall have equal privileges in the passage of trains, or cars, over the same and over the approaches thereto, upon Compensation.payment of a reasonable compensation for such use; and in case of disagreement in regard to the terms of such use, or the rates to be paid, the matter at issue shall be decided by the Secretary of War.
Sec. 2. Unobstructed navigation.That the bridge herein authorize to by constructed shall be so kept and managed by the company owning or operating the same as to afford proper ways and means for the passage through or under Lights, etc.it of vessels, barges, or rafts at all times, both by day and by night; and there shall be displayed on said bridge by the owners thereof from sunset to sunrise such lights and signals as the Light-House Board *Proviso.*Interference with existing bridges prohibited.shall prescribe: *Prodded.* That the erection of such bridge as herein authorized shall not be permitted to interfere with any bridge or structure now maintained across said river. 605 Sec. 3.
That if said bridge erected and maintained under the authorityObstruction to 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 to 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 shall 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 Stale of Arkansas, for the district in which any portion of said obstruction or bridge may be located: *Provided, *That nothing in this*Proviso*.Protection to navigation.
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 or to exempt said bridge from the operation of the same. Sec. 4. That the bridge authorized to be constructed under this ActSecretary of War to approve plans, etc. shall he 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 or corporation shall submit to the Secretary of War. for bis 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 be required for a full and satisfactory understanding of the subject; and until the said plans and the location of the bridge are approved by the Secretary of War the bridge shall not be built, andChanges. should any change be made in the plans of said bridge during the process of construction or after completion such change shall be subject to the approval of the Secretary of War; and said structure shall be changed from time to time at. the cost of the owners thereof, as the Secretary of War may direct, so as to preserve the free and convenient navigation of said river.
Sec. 6. That any bridge built under the provisions of this Act shallLawful structure and post route. be a lawful structure, and shall be recognized and known as a post route, upon which no higher charge shall be made for the transportation over the same of the mails, troops, and munitions of war of the United States passing over said bridge than the rate per mile paid for the transportation over the public highways leading to said bridge; and equal privileges in the use of said bridge shall be granted to allTelegraph, etc., rights. telegraph and telephone companies; and the United States shall have the right of way across said bridge, and approaches for postal telegraph purposes.
Sec. 7. That this Act shall be null and void unless the bridge hereinTime of construction. authorized is commenced within one year and completed within three years from the date hereof. Sec. 8. That the right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, January 12, 1905.