Page:United States Statutes at Large Volume 32 Part 1.djvu/155

FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 275. 1902. 89 CHAP. 275.-An Act Authorizing the Eldorado and Bastrop Railway Com y to Mmh 24- 1902 construct and maintain a bridge across the Ouachita River, in the State of Arklmsas. Be it enacted by tbe Senate and House o{Rq}resentatives of the United _ States of America an Congress assembled, That the Eldorado and Bastrop §l“({‘§,.*§,§;“,R,§;$,"*§,‘_,f,; Railway G01I1g3i1y, 8. corporation organized and existing under and tmp Reilly1H8e00m- by virtue of the laws of the State of Arkansas, be, and it is hereby, p°nLd7camtd?<i,n.H ' authorized to construct and maintain a bridge across the Ouachita River, in the State of Arkansas, at such point on the boundary line between the counties of Ashley and Union in said State suitable to the interests of navigation as may hereafter be selected by said railway _ company for crossing said river with its railway line. Said brid e ,,,,1§’}f,},§',$,§’,;ggY“*°°· sha] be constructed to provide for the passage of railway trains and, at the option of said rai way company, may be used for the passa of wagons and vehicles of all kinds and for the transit of animals andcfor foot passengers, for such reasonable rates of toll as may be fixed by '*`°“- said railwa company and a proved by the Secretary of War. Sec. 2. That said bridge built under this Act and subject to its lim- ,nI_;“p‘(§,Q“rl,ug*°°¤¤° 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 id for the transportation over the railroad or public highways leadlidg to said bridge and shall enjoy the rights and) privileges of other st roads in the United States; and equal privileges in the use of saido bridge shall be d§§§_°g'“P”· °"’·· granted to all telegraph and telephone com anies, and the United States shall have the right of way across said bridge and its approaches for postal telegraph purposes: Provided, That the brid e herein author- gg'g'fg·mv,gmm ized to be constructed shall be so kept and manager? by the company ` owning or operating it as to afford proper ways and means for the assage 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, U¤h*¤· emfrom sunset to sunrise, such lights and signals as the Light-House Board shall prescribe. _ Y Sec. 3. That if said bridge erected and maintained under the author- c,E,°§2'$,°{},',¥g‘§Q,`l,‘f,T °° ity of this Act shall at any time substantiallv or materially obstruct the free navigation of said river, or shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause suc change or alteration of said bridge tobe made as will etfectuallv obviate such obstruction, and such alteration shall be made and all such ·obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or ““¤‘°°°· alleged obstruction to the free navigation o said river, the case may be brought in the district court of the United States, in the State of Arkansas, for the district in which any portion of said obstruction or bridge may be located: Provided, That nothing in this Act shall be §g',§,,O,, 0, mv, so construed as to repeal or modify any of the provisions of law now z¤¤<>¤- existing in reference to the protection of the navigation of rivers or to exempt said bridge from the operation of the same. Sec. 4. That all railroad com nies desiring the use of the bridge p,,?,,“§&"’ °“‘°' °°‘“‘ constructed under this Act shallxve, and be entitled to, equal rights ¤¤¤¤1>¤¤¤¤¤¤¤- and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto utpon payment of a reasonable compensation for such use; and in case the parties interested shall fail to agree upon the sum or sums to be paid and utpon the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall, upon the application of either rty, be determined by the district court of the lnited States in andxlor any district in which an portion of said bridge may be. _ Sec. 5. That the {nge authorized to be constructed under this Act ,§,°,$,$?§‘},K§§_l,§f,T °° shall be built and locat under and subject to such regulations for the