Page:United States Statutes at Large Volume 30.djvu/314

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FIFTY-FIFTH CONGRESS. Sess. II. Ch. 59. 1898. 27 5 CHAP. 59.-An Act Authorizing the Mississippi River, Hamburg and Western Mar¤h12, 1898. Railway Company to construct and maintain a bri ge across the Bayou Bartholomew, —_;”‘_" in Arkansas. Be it enacted by the Senate and House of Representatives of the United States o_/'America in Congress assembled, That the Mississippi River, Mississippi nam, Hamburg and Western Railway Company, a corporation created and £‘},“‘§§§§,j;"},QV,f_;§; existing under and by virtue of the laws of the State of Arkansas, be, bridge th¤B¤»·¤¤iB¤r- _and is hereby, authorized to construct and maintain a bridge across th°l°'”°w‘ Mk' Bayou Bartholomew, in the State of Arkansas, at such point suitable to the interests of navigation as may hereafter be selected by said railway company for crossing said bayou with its railroad line. Said bridge tTr¤¤¤i= of trains, shall be constructed to provide for the passage of railway trains, and ° °‘ at the option of said railway company may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, for such reasonable rates of toll as may be fixed by ren. said railway company and approved by the Secretary of War. Sec. 2. That said bridge built under this Act and subject to its lim- mYé*#‘;£*;lm:;¤¤*¤¤ itations shall be a lawful structure, and shall be recognized and known ' as a post route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge, and shall enjoy the rights and privileges of other post roads in ` the United States; and equal privileges in the use of said bridge shall mY0g:; &°1°8¥'°Ph be granted to all telegraph and telephone companies, and the United °p °‘ ° °' States shall have the right of way across said bridge and its approaches for postal—telegraph purposes: Provided, That the bridge herein au- 1**0***0- thorizcd to be constructed shall be so kept and managed by the com- Am te ¤¤riz¤¤¤¤- pany owning or operating it as to afford proper ways and means for the passage through or under it of vessels, barges, or rafts at all times, both by day and by night; and there shall be displayed on said bridge, Lights. cw. from sunset to sunrise, such lights and signals as the Light-House Board shall prescribe. Sec. 3. That if said bridge, erected and maintained under the author- 0P¤*{,¤¢¤¤¤¤ ¢¤ f=•• ity of this Act, shall at any time substantially or materially obstruct Tiiltgintigts by ssc. the free navigation of said bayou, or shall, in the opinion of the Sec- ’°°*·’>’ °* W°'· °’°· retary 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 be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any —¤•i¤¤¤·>¤- obstruction or alleged obstruction to the free navigation of said bayou, the case may be brought in the district court of the United States in the State of Arkansas in which any portion of said obstruction or bridge may be located: Provided, That nothing in this Act shall be $3;:**,;, mma, so construed as to repeal or modify any of the provisions of law now nvgganes ltr rivers 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 all railroad companies desiring the use of said bridge F_a¤¤¤ firm $0****- shall have and be entitled to equal rights and privileges relative to the Zi; °°°"""°°° °°°°’ passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; or, in case of disagreement, upon such terms and conditions as may be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in interest. Sec. 5. That the bridge authorized to be constructed under this Act l_§;°c;§,Q:'g;,°f,,f_};;’_f¤f,‘f shall be built and located under and subject to such regulations for the P g 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 his examination and approval, a —¤<> ¤m>r¤v¤ 1>1¤¤¤· design and drawings of said bridge and a map of the location, prepared "“`°’°°°' with reference to a known datum plane, upon prescribed scale, furnished by the engineer officer having supervision of said river, and giving for