Chapter 2909. Granting to the Saint Louis, Iron Mountain and Southern Railway Company, a corporation, the right to construct, maintain, and operate a single track railway across the lands of the United States in the southeast quarter of the northeast quarter of section twenty-one, township fourteen north, range s
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CHAP. 2909.— An Act Granting to the Saint Louis, Iron Mountain and Southern Railway Company, a corporation, the right to construct, maintain, and operate a single track railway across the lands of the United States in the southeast quarter of the northeast quarter of section twenty-one, township fourteen north, range six west of the fifth principal meridian, in the county of Independence and State of Arkansas, reserved for use in connection with the construction of Lock Numbered One, Upper White River, Arkansas.
March 4, 1907. [[S. 8189](/us/bill/59/s/8189).] [[Public, No. 244](/us/pl/59/244).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Saint Louis, IronUpper White River, Ark.Saint Louis. Iron Mountain and Southern Railway company granted right of way through land reserved for Lock No. 1. Mountain and Southern Railway 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 the southeast quarter of the northeast quarter of section twenty-one, township fourteen north, range six west of the fifth principal meridian, in the county of Independence and State of Arkansas, reserved for use in connection with the construction of Lock Numbered One, Upper White River.
Arkansas, subject to such conditions as may be prescribed by the Secretary of War 1284and he may require the said company to pay to the United States such sum of money as he may decide to be the value of the land so occupied Compensation.Restriction.and compensation for any other injury sustained by the United States. Said Saint Louis, Iron Mountain and Southern Railway (Company shall not use the river banks within a distance of eight hundred feet above and below the limits of the lock walls of said Lock Numbered One nor any area within the boundaries of the aforesaid lands, as a place for depositing spoil and waste, except under such conditions as may be approved by the Secretary of War.
Sec. 2. Secretary of War to approve plans, etc. That the said Saint Louis, Iron Mountain and Southern Railway shall not avail themselves of the privileges of this Act until the Secretary of War shall have approved the location and plans of the single track railway referred to in Section one of this Act: *Provisos.*Location of track. *Provided*, That the center line of said track shall be at least seventy-five feet from, and on the northerly side of, the lock tender’s cottage now builtRemoval of structures, etc. on the aforesaid lands: *And provided further,* That if, in the construction of the said railway, it is necessary to remove any buildings, barns, water towers, or other structures now on the aforesaid lands, the Saint Louis, Iron Mountain and Southern Railway Company shall replace them at points to be designated by the Secretary of War and in like condition and repair as when taken: *And provided further*,Restriction.
That in the construction, maintenance, and operation of said single track railway, the Saint Louis, Iron Mountain and Southern Railway Company shall not appropriate any land other than that needed for the roadway, and said construction, maintenance, and operation through said lands shall at all times be under the supervision of the Secretary of War. Sec. 3. Use by other roads. That all railroad companies desiring the use of the single track railway authorized by this Act shall have and be entitled to equal Compensation.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 owners of the said single track railway and the several railroad companies, or any 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, all matters at issue between them shall be decided by the Secretary of War.
Sec. 4. Time of construction. That this Act shall be null and void if actual construction of said single track railway herein authorized shall not be commenced in one year and completed within two years from the date of the approval hereof. Sec. 5. Amendment. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 4, 1907.