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Code · STATUTES-AT-LARGE · Vol. 39 STAT. · December 21, 1916 · Chapter 4

Chapter 4. Granting to the Saint Louis, Iron Mountain and Southern Railway Company, and to the Anheuser-Busch Brewing Association, and to the Manufacturers’ Railway Company permission to transfer certain rights of easement for railway purposes heretofore granted by the United States to the Saint Louis and Iron

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CHAP. 4.— An Act Granting to the Saint Louis, Iron Mountain and Southern Railway Company, and to the Anheuser-Busch Brewing Association, and to the Manufacturers’ Railway Company permission to transfer certain rights of easement for railway purposes heretofore granted by the United States to the Saint Louis and Iron Mountain Railroad Company and to the Anheuser-Busch Brewing Association, respectively. December 21, 1916.[[H. R. 9856](/us/bill/64/hr/9856).][[Public, No. 287](/us/pl/64/287).] Whereas the United States of America, heretofore by Act of Congress,Saint Louis, Mo., Arsenal.Preamble.Vol. 10, p. 754. approved February fourteenth, eighteen hundred and fifty-three, granted to the Saint Louis and Iron Mountain Railroad Company a right of way, sixty feet wide, over and across land owned 857858or reserved for use by the United States in the city of Saint Louis, State of Missouri, being the land constituting the United States Arsenal Grounds, on which the Saint Louis Arsenal was located, which said right of way is being used by the Saint Louis, Iron Mountain and Southern Railway Company as lawful successor to and of said Saint Louis and Iron Mountain Railroad Company for and in maintaining and operating thereon various railroad tracks, with one of which tracks it serves the United States Engineer’s depot located on that part of said Saint Louis Arsenal property, which lies east of said right-of-way strip; and Vol, 33, p. 392,Whereas the United States of America, heretofore by joint resolution of Congress, approved April twenty-eighth, nineteen hundred and four, authorized the Secretary of War to, and he did thereupon, by grant dated August third, nineteen hundred and four, grant or allow to the Anheuser-Busch Brewing Association a right of way for railroad purposes forty feet in width, over and across said United States Arsenal Grounds in the city of Saint Louis, Missouri, said right of way lying west of and abutting the said right of way above referred to as that granted to the Saint Louis and Iron Mountain Railroad Company, upon which forty-foot strip there have been built certain railroad tracks now operated by the Manufacturers’ Railway Company under lease or permit from said Anheuser-Busch Brewing Association; and Whereas said Anheuser-Busch Brewing Association is not engaged in the railroad business, but is served as a shipper and receiver of freight by said Manufacturers’ Railway Company, which is a railroad corporation organized under the laws of the State of Missouri, and engaged as a common carrier in the transportation of freight moving in interstate commerce, on behalf of many others of the shipping public in the city of Saint Louis, as well as on behalf of said brewing association; and Whereas said Anheuser-Busch Brewing Association, Saint Louis, Iron Mountain and Southern Railway Company, and Manufacturers’ Railway Company, for the purpose of improving the track and traffic facilities used by each of said railways in its service of the public, have mutually agreed to sell and exchange certain strips of land or rights of way now used by said railways for railroad purposes, and to that end now desire the consent of the United States of America to the transfer of certain portions of each of said rights of way heretofore granted by the United States, as above recited:
Now therefore *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Anheuser-Busch Brewing Association may transfer right of way to Manufacturers’ Railway Company. That permission is hereby granted to the Anheuser-Busch Brewing Association to transfer by sale or lease to the Manufacturers’ Railway Company, its successors or assigns, all of the said title, rights, and easement heretofore granted or permitted to said Anheuser-Busch Brewing Association, by or Vol. 33, p. 592.pursuant to said joint resolution of Congress approved April twenty-eighth, nineteen hundred and four, and by grant of the Secretary of War, dated August third, nineteen hundred and four, pursuant to said joint resolution.
Sec. 2. Manufacturers’ Railway Company may exchange right of way with Saint Louis. Iron Mountain and Southern Railway Company. That permission is hereby granted to said Manufacturers’ Railway Company, its successors or assigns, thereupon to transfer to the Saint Louis, Iron Mountain and Southern Railway Company, its successors or assigns, that part of the said title, rights, and easements so to be acquired by said Manufacturers’ Railway Company under the last preceding paragraph hereof, which part relates to or affects the eastern eleven and one-half feet of the said forty-foot right-of-way strip, thereby joining said eleven and one-half feet to the said right of way of said Saint Louis, Iron Mountain and Southern Railway Company. 859 Sec. 3.
That permission is hereby granted to said Saint Louis,Saint Louis, Iron Mountain and Southern Railway Company , may exchange right of way with Manufacturers’ Railway Company. Iron Mountain and Southern Railway Company, its successors of assigns, to transfer to the Manufacturers’ Railway Company, its successors or assigns, that part of the said title, rights, and easement granted by said Act of Congress approved February fourteenth eighteen hundred and fifty-three, which part relates to or affects the eastern portion of the said sixty-foot right-of-way strip, said eastern portion being a tract varying in width from a minimum of fifteen feet to a maximum of sixteen feet one and one-half inches, thereby enabling said Manufacturers’ Railway Company to operate over said tract a railroad track as a part of its facilities.
Sec. 4. That the respective permits hereby granted by the aboveConditions of exchange. sections two and three shall not be availed of unless or until the written agreement hereinafter prescribed shall have been entered into by the Manufacturers’ Railway Company, to the end that the freight service heretofore rendered to said United States Engineers’ depot; from said track located upon said tract or eastern portion of said sixty-foot right-of-way strip, may and shall hereafter be rendered from a switch track to be constructed by said Manufacturers’ Railway Company, at its expense, into said United States Engineers’ yard, for the exclusive service of the United States, namely:
SaidSwitches, tracks, etc., required. Manufacturers’ Railway Company shall enter into a written agreement with or for the benefit of the United States, in such form as shall be approved by the Secretary of War, obligating the Manufacturers’ Railway Company, within such reasonable time as the Secretary of War may approve, to construct at its own cost and expense, and for the exclusive ownership and service of the United States, a switch track into or through said United States Engineers’ depot property, along such line therein as shall be approved by the Secretary of War; also to build and maintain thereafter a track or tracks connecting with said switch track and extending from the said Engineers’ depot property, to reasonably accessible points of connection with the tracks of, and for the free use of, the Saint Louis.
Iron Mountain and Southern Railway Company and of the Manufacturers’ Railway Company; also to erect at its own expense, on the south side of said United States Engineers’ depot grounds, such reasonable gate or gates as shall be approved by the Secretary of War, if the latter shall request the construction of such gates, and to pay and protect the United States against all other expenses caused by the removal and rebuilding of the paint and oil house used by the United States and now located at or near Utah Street; all ofSubject to approval by Secretary of War. said work to be done in a manner which shall be approved by the Secretary of War.
Approved, December 21, 1916.
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