Provisos. War to approve for the crossing of vehicles of all kinds, animal and foot travelers, as well as railroad trains: Provided, That the plans of construction of all bridges across navigable streams, along and upon the right of way herein provided for, shall be subject to the approval of the Secretary of War. But if said bridge across the Arkansas River is constructed for said additional use, then the said railroad company shall have the right to construct and maintain the necessary wagon-road approaches to the nearest public highway at each end of the bridge: Provided further, That said railroad company, in case of the construction of said bridge for the additional uses herein named, shall be authorized to collect tolls from all who may use said bridge, but the toll fees charged shall not be greater than the toll fees allowed by the laws of the State of Arkansas for like services on toll bridges across the Arkansas River in that Approaches to State: Provided further, That this Act shall not be so conbridge. strued as to give or grant said company any right, title, or interest in or to the wagon-road approaches to the nearest public highways which it is authorized to construct from the ends of the bridge, or to charge or collect toll fees for traveling over said wagon-road approaches. Toll. SEC. 11. That the right of way herein and hereby granted shall not be assigned or transferred in any form whatever prior to the construction and completion of the road, except as to mortgage or other liens that may be given or secured thereon to aid in the construction thereof. SEC. 12. That Congress may at any time amend, add to, alter, or repeal this Act. Received by the President, January 18, 1897. [NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] January 30, 1897. Cairo and Tennessee River CHAP. 112.-An Act To establish railroad bridges across the Cumberland and Tennessee rivers, in Kentucky. Be it enacted by the Senate and House of Representatives of Railroad Com- the United States of America in Congress assembled, That pany may bridge the Cairo and Tennessee River Railroad Company, a corTennessee riv poration organized under the laws of the State of Tennesers, Kentucky. Cumberland and see, its successors and assigns, is hereby authorized and empowered to erect, construct, establish, and maintain railway bridges and approaches thereto across the Cumberland River, in the State of Kentucky, at points to be selected by said railroad, or its successors or assigns, between Rockcastle and Tobaccoport, in Trigg County, and also another bridge across said river between Burksville, on said river, in Kentucky, and the Tennessee State line, and also a bridge across the Tennessee River, between Pine Bluff, in Calloway County, Kentucky, and Birmingham, in Marshall County, Kentucky, the locations of said bridges to be selected by said railroad, or its successors or assigns, between said described points on said rivers, which said bridges shall not interfere with the free navigation of said rivers; and in case of any litigation arising from any ob- Litigation. struction or alleged obstruction to free navigation of said rivers the proceedings shall be instituted in and determined by the district court of the United States for the district of the State of Kentucky. SEC. 2. That the bridges authorized by and constructed Pivot bridges. under this Act shall be pivot drawbridges, and the bridges shall have a draw over the main channel of the rivers at accessible and navigable points, with spans of not less than one hundred and seventy-five feet in length on each side of the center of the pivot piers of the draws, and the remaining spans of such length as shall be necessary to reach the approaches on either side of the river, all spans to have a clear head-room of ten feet above high water; and the piers of said bridges shall be parallel with the current of the rivers when said bridges shall be erected: Provided, That the length of the drawspans may be increased if, in the opinion of the Secretary of War, the interests of navigation demand it. draw Proviso. tures and post SEC. 3. That any bridge constructed under this Act and Lawful strucaccording to its limitations shall be a lawful structure, routes. and shall be known and recognized as a post route, and the same is hereby declared to be a post route, and it shall enjoy the same rights and privileges as 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, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads leading to said bridge; and the United States shall have the right of way for a postal telegraph across said bridge. Postal telegraph. SEC. 4. That all railroad companies desiring the use of Use by other said bridges shall have and be entitled to equal rights and companies. privileges relative to the passage of railroad trains over the same and the approaches thereto, and in the use of the machinery and fixtures thereof, upon payment of a reason able compensation for such use, and in case the owner or Compensation. owners of said bridges and the railroad companies, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid as such compensation, and upon rules and conditions to which each shall conform in using said bridges, or either of said matters, then all matters in dispute or at issue between them, or any of them, shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. SEC. 5. That the structures herein authorized shall be built and located under and subject to such regulations for the security of navigation of said rivers as the Secretary of Secretary of plans, etc." War to approve Aids to gation. Lights, etc. ment and pletion. 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, designs and drawings of said bridges and maps of the locations, giving, for the space of one mile above and one mile below the proposed locations, the topography of the banks of the rivers, the shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the streams, the location of any other bridge or bridges, 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 of the bridges are approved by the Secretary of War the bridges. shall not be commenced or built, and should any change be made in the plan of said bridges during the process of construction or after completion, such change shall be subject to the approval of the Secretary of War; and the said connavi-structions shall be at all times so managed and kept as to offer reasonable and proper means for the passage of vessels through or under said structures; and to secure the safe passage of vessels at night there shall be displayed on said bridges, from the hour of sunset to that of sunrise, such lights as may be prescribed by the Light-House Board, and the said structures shall be changed, at the cost and expense of the owners thereof, from time to time, as the Secretary of War may direct, so as to preserve the free and convenient navigation of said rivers. com Commence- SEC. 6. That this Act shall be null and void if actual construction of the bridges herein authorized be not commenced within three years from the date hereof, and completed within five years. Amendment, etc. SEC. 7. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, January 30, 1897. January 30, 1897. Time extended Vol. 24, p. 469. CHAP. 113.—An Act Extending the time for the completion of the bridge across the East River, between the city of New York and Long Island, now in course of construction, as authorized by the Act of Congress approved March third, eighteen hundred and eighty-seven. Be it enacted by the Senate and House of Representatives East River, of the United States of America in Congress assembled, That New York. the time for the completion of the bridge of the New York for completing and Long Island Bridge Company across the East River, bridge over. between the city of New York and Long Island, authorized by the Act of Congress entitled "An Act authorizing the construction of a bridge across the East River, between the city of New York and Long Island," approved March third, eighteen hundred and eighty-seven, and the various Acts amendatory thereof or supplementary thereto, is hereby extended to and including the first day of January in the year nineteen hundred. Approved, January 30, 1897. CHAP. 121.-An Act To provide for an examination and survey of February 1, 1897. a water route from the mouth of the jetties at the city of Galveston, Texas, through the ship channel and up Buffalo Bayou to the city of Houston, Texas. Galveston to Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Water ronte, the Secretary of War be, and he hereby is, authorized and directed to make an examination and survey, with an estimate of the necessary cost, for a water channel not less directed." than twenty-five feet deep and one hundred feet wide, extending from the mouth of the jetties at the city of Gal veston, Texas, through the existing ship channel and up Buffalo Bayou to the city of Houston, Texas, and for a harbor at or near Houston of a depth of not less than twenty-five feet and of a width of five hundred feet, and to make a report of such examination, survey, and estimate, with its commercial importance, to Congress. SEC. 2. That the cost of said examination, survey, and estimate be paid out of funds already appropriated for work on the improvement of the ship channel and Buffalo Bayou. Approved, February 1, 1897. Expense. 222. CHAP. 122.-An Act To authorize the construction or acquisition February 1, 1897. of a bridge across the Rio Grande River at El Paso, in the State of Texas. Construction Grande, El Paso, Tex. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Sierra Madre Construction Company, a corporation Sierra Madro duly incorporated under the laws of the State of New Jersey, and its successors and assigns, be, and the same is bridge Rio hereby, authorized to erect, construct, maintain, and operate a bridge over the Rio Grande River at the city of El Paso, in the State of Texas, at such point on said river in the county of El Paso as may accommodate the line of railway which said corporation may build to said point. Said bridge shall be constructed so as to provide for the passage of railway trains and shall be used for the passage of Railway, etc., wagons and vehicles of all kinds, and for the transit of animals and for foot passengers, and for the transit of freight, goods, wares, and merchandise, for such reasonable rates of toll as may be fixed by the Secretary of War; and the Secretary of War shall have the right from time to time to Toll. revise such rates. bridge. SEC. 2. That said bridge may be built with unbroken and continuous spans and of the following dimensions, to wit: Construction. Six hundred feet in length, twenty feet in width, ten feet in height above high-water level, and with twenty-eight spans, twelve of which to be thirty feet in length and sixteen of which to be fifteen feet in length, completed in the manner herein specified, shall be deemed and taken to be a legal structure. Unobstructed navigation. Use by railroad companies. SEC. 3. That said bridge shall not interfere with the free navigation of said river, and in case of any litigation arising from an obstruction or an alleged obstruction to the free navigation thereof, caused or alleged to be caused by said bridge, the case may be tried before the circuit or district court of the United States for the State in which any portion of said bridge may be situated. SEC. 4. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the Compensation. same, and over the approaches thereto, upon payment of a reasonable compensation to the owners of said bridge, and should the several railroad companies, or any one of them, desiring such use, fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties; and all telephone and telegraph companies shall have equal rights and privileges in constructing and operating their lines across said bridge. Consent of ties. SEC. 5. That the consent of the State of Chihuahua, Mexican authori- United States of Mexico, and of the proper authorities of the Republic of Mexico shall have been obtained before said bridge shall be built or commenced. Commencement and completion. Reservation of authority. etc. Amendment, Purchase of existing bridge. Vol. 22, p. 179, Vol. 25, p. 457. Reconstruc tion, etc. SEC. 6. That unless the construction of said bridge be commenced within one year and finished within three years from the date of the passage of this Act the provisions of this Act shall be null and void. SEC. 7. That Congress reserves the right to withdraw the authority and power conferred by this Act in case the free navigation of said river shall at any time be substantially or materially obstructed by said bridge, or for any other reason, and to direct the removal or necessary modifications thereof at the cost and expense of the owners of said bridge; and Congress may at any time alter, repeal, or amend this Act. SEC. 8. That said company, instead of erecting such bridge, may acquire by purchase or otherwise the property and franchises of any street-railway bridge heretofore authorized by Congress to be built and now built and in operation across said river at said point. SEC. 9. That said company may in such case remodel and strengthen such bridge so acquired so as to conform in all particulars to the requirements for a new bridge, as hereinbefore set out, and may maintain and operate such bridge under the conditions of its original franchises, subject to all the provisions of this Act in respect to a new bridge. SEC. 10. That the consent of the State of Chihuahua, Mexican author. United States of Mexico, and of the proper authorities of the Republic of Mexico shall have been obtained before such property and franchises are acquired. Approved, February 1, 1897. Consent of ities. |