Page:United States Statutes at Large Volume 32 Part 1.djvu/106

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40 FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 30. 1902. F¤|¤‘¤¤’¥ 24. 1902- CHAP. 30.--An Act Authorizing the Memphis, Helena and Louisiana Railway

   to construct and maintain a br1dge across the White River, in the State of

_ Be it enacted by the Senate and House ofReg·eseatatives of the United §;*,;‘;,§;'°'·,;f,Q:·us States of America in Congress assembled, That the Memphis, Helena and Louisiana Rail- and Louisiana Railwa Company, a corporation created and existing {',',‘{§g£°'"°°"" m" under and by virtue ofy the laws of the State of Arkansas, be, and it is hereby, authorized to construct and maintain a bridge across the White River, in the State of Arkansas, at such int on the boundary line between the counties of Arkansas and Desiha in said State suitable to _ the interests of navigation as may hereafter be selected by said rail- ,,,§‘P,f,',";X;,,,,,,,'f"*'°"* road company for crossing said river with its railway ine. Said bridge 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 wa ns and vehicles of all kinds and for the transit of T°“· animals and for gobt passengers, for such reasonable rates of toll as ntpayvbe tixed by said railway company and approved by the Secretary 0 ar. . m‘é“;g}’r0u,',§f"°*°'° Sec. 2. That said bridge built under this Act and subject to its limitations shall be a lawful structure, and shall be 1'€C0gIllZBd 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 hi hways leading to the said bridge, and shall enjoy the rights and privdeges of other post roads

  • °°‘°l*°l°¢’°Pl’· in the United States; and equal privileges in the use of said bridge -

shall be granted to all telegraph and telephone companies, and the United Etatps shall laavta the rlight of way across désgidrrblridgle piddits MM- aroacesor stateera urpom:, at eri Mhwmwm hiiiiein authorizeldo to be cohistdicgd shall be so ke t and managed lg; the compan owning or operating it as to afford proper ways and means for the passage throu h or under it of vessels, barges, or rafts Us1¤¤.¤•¢· at all times, both by day and by night; and there shall be displayed on said bridge, from sunset to sunrise, such lights and signals as the Li ht-House Board shall rescribe. cf,§°,,’§',f_’,{,,‘;‘,Q,'_§'{{,‘f ‘° Sec. 3. That if said bridge erected and maintained under the authority 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 navi tion, he is hereby authorized to cause such change or alteration ofglsaid brid e to be made as will eifectually obviate such obstruction, and such zdteration shall be made and all such obstructions be removed at the expense of the l·"'¢•“°¤· owner or owners of said bridge; and in case of any litigation arising from any 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 State of Arkansas for the district in which any portion mmm 0, mv, of said obstruction or bridge may be located: Provided, That nothing gation. in this 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 nlavigation of rivers or to exempt said bridge from the operation of t e same. ,,,'{,'§§,_°" °"‘°' °°'“‘ Sec. 4. That all railroad companies desiring the use of the bridge C°"¤P°¤*‘l°¤· constructed under this Act shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for suc use; and in case the parties interested shall fail to agree upon the sum or sums to be paid and upon the rules and conditions to which each shall conform in using said bridge, all matters of issue between them shall, upon the a plication of either party, be determined by the district court of theinited States in and for any district in which any portion of said bridge may be.