LAWS

AFFECTING

THE CORPS OF ENGINEERS, UNITED STATES ARMY.

FIFTY-FOURTH CONGRESS, SECOND SESSION, 1896-97:

PUBLIC ACTS.

CHAP. 12.-An Act To approve and ratify the construction of a January 13, 1897. bridge over and across Caddo Lake, at Mooringsport, Louisiana, by the Kansas City, Shreveport and Gulf Railway Company.

Caddo Lake,

City, Shreveport

Be it enacted by the Senate and House of Representatives Bridge across of the United States of America in Congress assembled, That Mooringsport, the construction by the Kansas City, Shreveport and Gulf La by Kansas Railway Company, a corporation duly organized under the and Gulf Raillaws of the State of Louisiana, of the bridge over Caddo way Company, Lake, at the village of Mooringsport, Louisiana, be, and the same hereby is, approved and ratified, subject to the stipu lations and conditions hereinafter set forth.

approved.

ture and post

SEC. 2. That said bridge, so long as maintained accord-, Lawful strucing to the limitations of this Act, shall be a lawful structure, route. and shall be known and recognized as a post route, and the same is hereby declared to be a post route, upon which 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, or for through passengers or freight passing over the same, than the rate per mile paid for their transportation over the railroads leading to said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies; and the United States shall have the right of way across said bridge Postal telegraph. for a postal telegraph.

SEC. 3. That said bridge shall be under and subject to such regulations for the security of the navigation of said lake as the Secretary of War shall prescribe, and the present plan and structure of said bridge shall not be altered or changed except by consent of the Secretary of War, and with his approval of the proposed change or alteration; and to secure that object the said company or corporation shall submit to the Secretary of War, for file, a 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

Secretary of changes, etc.

War to approve

Provisos.

Expenses of changes.

supervision of said lake, giving, for the space of one mile above and one mile below the location of the bridge, the topography of the banks of the lake, with 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 stream, 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: Provided, That any change or alteration in the said bridge which the Secretary of War may deem necesAids to navi sary in the interest of navigation shall be made by the said railroad company at its own expense: Provided, also, That said bridge shall be so kept and managed by the com pany owning or operating it as to afford during the periods at which the lake is navigable proper ways and means for the passage through or under it of vessels, barges, or rafts, both by day and by night; and during the periods at which the lake is navigable there shall be displayed on said bridge from sunset to sunrise such lights and signals as may be directed by the Light House Board.

gation.

Lights, etc.

Use by other companies.

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 same, and over the approaches thereto, upon payment Compensation. of a reasonable compensation for such use; and in case

Amendment,

etc.

the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall 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.

SEC. 5. That Congress reserves the right to alter, amend, or repeal this Act at any time.

Approved, January 13, 1897.

January 13, 1897.

Watkins and

CHAP. 13.-An Act Authorizing the Kansas City, Watkins and Gulf Railway Company to construct and maintain a bridge across the Black River, in Louisiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Kansas City; the Kansas City, Watkins and Gulf Railway Company, a Gulf Railway Corporation created and existing under and by virtue of Company may bridge Black the laws of the State of Louisiana, be, and is hereby, River, Louisiana. authorized to construct and maintain a bridge across Black

River, in the State of Louisiana, at such point suitable to the interests of navigation as may hereafter be selected by said railway company for crossing said river with its railroad line. Said bridge shall be constructed to provide for the passage of railway trains, and at the option of said Railway, wag railway company, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and

on, and foot bridge.

for foot passengers, for such reasonable rates of toll as may Toll. be fixed by said railway company and approved by the Secretary of War.

SEC. 2. That said bridge built under this Act and subject

ture and post

to its limitations shall be a lawful structure, and shall be Lawful strucrecognized and known as a post route, upon which also no route. 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 be granted to all telegraph Postal teleand telephone companies, and the United States shall have graph. the right of way across said bridge and its approaches for postal telegraph purposes: Provided, That the bridge herein Proviso. authorized to be constructed shall be so kept and managed gation. by the company 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, from sunset to sunrise, such lights and signals as the Light-House Board shall prescribe.

Aids to navi

Lights, etc.

Changes, etc.

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 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 litiga. Litigation. tion 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 Louisiana in which any portion of said obstruction or bridge may be located: Provided, That nothing 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 navigation of rivers or to exempt said bridge from the operation of the same.

Existing laws not affected.

companies.

SEC. 4. That all railroad companies desiring the use of Use by other said bridge shall have and be entitled to equal rights and privileges relative to the 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 Compensation. 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 shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe, and to Secretary of secure that object the said company or corporation shall plans, etc. submit to the Secretary of War, for his examination and

War to approve

Changes.

Commencement and completion.

Amendment.

approval, a 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 the space of two miles above and two miles below the proposed location of the bridge the topography of the banks of the river, with 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 stream, 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 location of the bridge are approved by the Secretary of War the bridge shall not be built, and should any change be made in the plan of the said bridge during the process of construction, such change shall be subject to the approval of the Secretary of War, and said structure 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 river.

SEC. 6. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date hereof.

SEC. 7. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, January 13, 1897.

January 20, 1897.

Red River, Ful

CHAP. 69.-An Act To approve and ratify the construction of a bridge across the Red River, between the States of Arkansas and Texas, at a point above the town of Fulton, in Arkansas, on said river, built by the Texarkana Northern Railway Company, but now owned and operated by the Texarkana and Fort Smith Railway Company, and to authorize the latter company to maintain said bridge over said waterway, subject to certain stipulations and conditions.

Be it enacted by the Senate and House of Representatives of Bridge across the United States of America in Congress assembled, That the ton, Ark., by construction by the Texarkana Northern Railway Company, Texarkana and a corporation formed for the purpose of constructing and way Company operating a railroad northward from the town of Tex

Fort Smith Rail

approved.

arkana, in the States of Texas and Arkansas, but which has been merged into and succeeded by the corporation known as the Texarkana and Fort Smith Railway Company, of the bridge over the Red River, between the States of Arkansas and Texas, above the town of Fulton, in Arkansas, on the said river, be, and the same hereby is, approved and ratified, subject to the stipulations and conditions hereinafter set forth.

SEC. 2. That said bridge, so long as maintained according to the limitations of this Act, shall be a lawful structure, and shall be known and recognized as a post route, and the same is hereby declared to be a post route, upon

Postal tele

graph.

navigation.

which 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, or for through passengers or freight passing over the same, 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 across said bridge for a postal telegraph. SEC. 3. That said bridge shall always be provided with Unobstructed a suitable draw, which shall be maintained by said railroad company, and at its expense, so as not to interfere with the navigation of said river, and in such way as to render navigation through the same free, easy, and unobstructed. SEC. 4. That the draw provided for the said bridge shall Opening draw. be opened promptly, upon reasonable signal, for the passing of boats and rafts; and said railroad company shall maintain, at its own expense, from sunset until sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.

Lights.

Secretary of changes, etc.

War to approve

Changes.

SEC. 5. That said bridge shall be under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe, and the present plan and structure of said bridge shall not be altered or changed except by consent of the Secretary of War, and with his approval of the proposed change or alteration: Provided, That any change or alteration in the Proviso. said bridge which the Secretary of War may deem necessary in the interest of navigation shall be made by the said railroad company at its own expense. And if, after thirty days' notice from the Secretary of War to the president of the railroad company, or to other parties owning or controlling said bridge, the changes or alterations required shall not be made, the Secretary may cause such changes to be made, and the cost thereof shall be recovered by suit in the name of the United States against said company in the circuit court of the United States within whose jurisdiction said bridge or any part thereof is situated.

companies.

SEC. 6. That all railroad companies desiring the use of Use by other said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner Compensation. or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall 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 completion.

SEC. 7. That this Act shall be null and void if actual Commencement construction of the bridge herein authorized be not commenced within one year and completed within three years from the date of approval thereof.

SEC. 8. That Congress reserves the right to alter, amend,

or repeal this Act at any time.

Approved, January 20, 1897.

Amendment,

etc.