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July 29, 1892.

Electric Rail

electric

way.

Route.

rail

Elevated

roads.

District Commissioners

etc.

CHAP. 322.-An act to incorporate the Washington and Great Falls Electric Railway Company.

Be it enacted by the Senate and House of Representatives of the United Washington States of America in Congress assembled, That W. C. Codd and James and Great Falls F. Morrison, of the State of Maryland, and James L. Barbour, way Company James Robbins, Smith Pettit, John G. Slater, Edwin Baltzley, incorporated. Edward Baltzley, J. P. Clark, Simson De F. Jennings, and Edward Incorporators. B. Cottrell, of the District of Columbia, and their associates and successors, are hereby created a body politic and corporate, in fact and in law, by the name of the Washington and Great Falls Electric Railway Company, and by that name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, 'defend and be defended in all courts of law and equity, and may make and have a common seal, and alter the same at their May construct pleasure; and the said corporation is hereby authorized to locate, construct, equip, maintain, and operate a continuous line of single or double track railway, and all necessary sidings,stations, switches, turn-outs, and other devices, and to operate the same by electricity through and along the following named streets, avenues, and roads, to wit: Beginning at a point, to be located by the Commissioners of the District of Columbia, west of the north end of the Aqueduct Bridge, and running thence west over the Canal road on an elevated railway of iron colums and beams, with wood cross-ties and guards, to be built so as not to interfere with the use of the Chesapeake and Ohio Canal and so as to preserve to the public the full use of the Canal road. The said company shall submit the plans of said elevated railway to the Commissioners of the District of to Columbia for their approval, and no work shall be done on said approve plans, railway by said company, before such approval in writing. In respect of everything that may pertain to the strength of the structure and to the safety and convenience of the public the construction and operating of said elevated railway shall at all times be subject to the control and approval of the said Commissioners, and the said company shall make good to the District of Columbia all damages done by it or by its contracting agents to the Canal road and other roads belonging to the District of Columbia, and shall also make good to the District of Columbia all the costs of inspection of the company's work by the authorized agents of the said of District. In respect of everything that may pertain to the safety of the United States water mains in the Canal road, the plans, the construction, and the operating of said elevated railway shall be Wall on Canal subject to the control and approval of the Secretary of War. For the safety of travel on said Canal road, and before commencing to run its cars on said elevated railway, and subject to the inspection and approval of the Commissioners of the District of Columbia, the said company shall, at its own expense, construct a substantial masonry wall between said Canal road and the Chesapeake and Ohio Canal throughout the entire distance on said road occupied by said elevated railway; and the said company also at its own expense and within the same time and subject to the same approval and acceptance, shall pave the said portion of said road with granite blocks or vitrified brick in the best manner. From the Canal road the route of said railway is to run westerly along the top of the bluff on the north side of the Canal road, and outside and south of the southern boundary of the land of the Washington Aqueduct pertaining to the distributing reservoir, to a point on said boundary not more than six hundred feet from the western boundary of said land; thence across said land but at no point less than two hundred feet from the outer crest of the dam of said reservoir, to said western boundary; thence westwardly on a route exterior to and on the south side of the land of the United States pertaining to the Conduit road to the land of the said aqueduct pertaining to the receiving reservoir; thence through said land to a point on the land of said aqueduct near the westerly foot of Dalecarlia Hill; thence westwardly on a route exterior to and on the south side of the land of the United States pertaining to the Conduit road to

Safety water mains.

road.

Surface road.

Branch line.

Proviso.

over Canal road.

Determining

Aque

Cabin John Creek, returning thence along the same line, by return tracks to the place of beginning, with the privilege of constructing a branch line, with a single or double track, from the Conduit road lands south to Chain Bridge, on land to be acquired by the corporation: Provided, That there shall be but one railway parallel to and near the Conduit road and there shall never be more Only one railthan one double track on or over the Canal road, and all acts or way permitted parts of acts granting the use of the surface of the Canal road, or parallel to Conany part thereof, for laying railway tracks thereon and operat- duit road and ing cars thereon are hereby repealed; and wherever the route specified in this act is parallel with or coincides with the route of any other railway the two companies shall maintain and use but Use of coin one set of double tracks, and any violation of this provision by the ciding tracks. said Washington and Great Falls Electric Railway Company shall operate as a repeal of this charter; and matters of dispute between the companies respecting railways parallel to the Conduit road, and disputes. affecting the same, whether in the District of Columbia or in Maryland, shall be referred to and determined by the Secretary of War, and matter in dispute between the companies respecting railways on the Canal road shall be determined upon the application of either road to any court in the District of Columbia having competent jurisdiction. The inner rail of said Washington and Great Falls Railway shall not at any place on the line of said railway be less than one hundred feet from the middle of the paved portion of the Conduit road. Wherever the said railway shall run over or across any of the lands of the United States, or any of the accessory Secretary of works of the Washington Aqueduct, as provided in this act, it War to approve route, etc., shall be done only on such lines, in such manner, and on such con- across ditions as shall be approved by the Secretary of War and accepted duct lands. by said company, and no works shall be done on said railway on any of said lands until after such approval and acceptance in writing. No steam cars, locomotives, or passenger or other cars for steam railways shall ever be run over the tracks of said railway within the District of Columbia or on said lands. So much of said railway as may be in the State of Maryland must first have the approval of the authorities of said State. Said company shall, before commencing work on said railway, deposit with the Treasurer of the United States to the credit of the Washington Aqueduct the sum of five thousand dollars, to defray all the expenses that may be incurred by the United States in connection with the inspection of the company's work on the lands of the Untied States and any of the company's work that may affect the interests of the United States, and in making good any damages done by said company or its works to any work or land or other property of the United States, and in completing, as the Secretary of War may deem necessary, any of the company's work that the said company may neglect or refuse to complete and that the Secretary of War may consider necessary for the safety of the Washington Aqueduct and the works pertaining thereto, including its telephone line, or for the proper drainage of the United States lands, its reservoirs and other works, or for the proper use and orderly appearance of the Conduit road; and the said company and its successors shall also deposit as aforesaid such further sums for said purposes and at such times as the Secretary of War shall direct. The said moneys shall be disbursed like other moneys appropriated for the Washington Aqueduct, and whatever shall remain of Disbursement. said deposits after the completion of the work for which they may be obtained shall be returned to said company with an account of their disbursement in detail. The disbursements of said deposits shall, except in case of emergency, be made only on the order of the Secretary of War. During the construction and after the completion of said railway its agents and servants, when on the public land of the United States, shall be subject to such regulations as the Secretary of War may prescribe. The provisions of this act, as far as applicable, shall apply to any extension of this railway in the State of Maryland that may be granted by the authorities of said State; and the said Washington and Great Falls Railway may

ENG 92-222

Deposit to deinspection, etc. fray expenses of

Protection of mains, etc.

Gauge.

Paving.

Crossing at cross the projection of the United States land at a point on the distributing south side of the Conduit road just west of the distributing reserreservoir. voir, and the provisions of section fifteen of the act of Congress approved February twenty-eighth, eighteen hundred and ninetyVol. 26, p. 793. one, entitled "An act to incorporate the Washington and Arlington Railway Company, of the District of Columbia," shall control and govern all the privileges granted by this act to the Washington and Great Falls Electric Railway Company, and said section shall be held to include the Washington Aqueduct and its tunnels Construction. and all other works connected therewith. Said Washington and Great Falls Railway shall everywhere be constructed in a neat and substantial manner, of good material, subject, for such parts of the line as are within the jurisdiction of the Commissioners of the District of Columbia, to the supervision and approval of said Commissioners, and, for such parts of the line as are in any jurisdiction outside of the District of Columbia, to the supervision and approval of the proper authorities of such jurisdiction; the gauge of the track to be the same as that of the Washington and Georgetown Railway; and the said Washington and Great Falls Railway Company shall where its tracks run on or across any street or road which is under the jurisdiction of the Commissioners of the District of Columbia, or across any other road outside of the District of Columbia, pave the same between the rails and sets of rails and two feet outside thereof with such material and in such manner as shall be approved by such proper authorities, as the case may require, and shall keep the same in repair at its own expense; Failure to re- and if the said corporation shall fail to make any necessary repairs pair. within ten days after notice has been given by said authorities, the repairs shall be made by said authorities and the cost thereof, except as hereinbefore provided, if not paid voluntarily, shall ba recovered by them before any court of competent jurisdiction; and the amount of such repairs shall be a lien upon all property of said company from the time the same are made until paid by the company. That the said corporation shall operate its said road by electric power, and for this purpose it is hereby authorized to of erect and maintain such poles and aerial lines as may be necessary poles for wires. for the proper conduct of said power; such lines to be built in the Proviso. most perfect and substantial manner: Provided, That in order t Protection of prevent any danger or damage to the United States telephone Government line between the Great Falls of the Potomac and Washington, telephone line. belonging to the Washington Aqueduct, or to its instruments, from the electric wires of said railway company, the said company shall, at all times and at its own expense, remove, change, and protect said telephone line in such manner as may be directed by the Secretary of War. The said corporation shall, before operating said railway, erect and maintain, subject to the approval of the Secretary of War, at its own expense, a neat, well-painted, and substantial fence, four feet in height, on each side of its tracks through the lands of the United States, and also at such places along the Conduit road as the Secretary of War may deem necessary, with suit ble openings and crossings for roadways, and at such places as the Secretary of War shall consider to be required for the safety of the use of said roadways. That the said corporaElectric lights. tion shall, at its own expense, maintain electric ligh's along the entire length of its railway during the hours after nightfall that its cars shall run, and at least until twelve o'clock and thaty minutes antemeridian, which lights shall be located so as to light all roads on and across which it shall pass, and shall be placed at such points along the propo-ed road as the Secretary of War shall direct, and shall also light Chain Bridge in the same manner and during the same hours. No claim for damages shall ever be made by said company or its successors in consequence of the exercise of any of the rights of the United States under this act. The construction of said railway on any street where there are or may be in any mains, fixtures, or apparatus pertaining to the Washington Aqueduct shall be subject to such conditions as may be app oved by the Secretary of War, which conditions must be obtained and

Erection

Fence.

Mains streets, etc.

Speed.

be accepted in writing by said company before commencing any work on such street, and the operations of said company in respect of the safety of such mains, fixtures, or apparatus shall always be subject to the control and direction of the Secretary of War, and subject to the right of the Secretary of War or other lawful public authority to interrupt the construction or use of said railway, whenever necessary for the protection or repair of such mains, fixtures, or apparatus. Efficient signals by gong or bell shall be made by every Signals. car before and during the crossing of the Conduit road. The rate of speed at which the cars may run on said road shall not exceed five miles per hour on or across any street or road, and the fare for riding over the said road shall not exceed ten cents each way per passenger, and this amount may be divided into divisions of five cents each. The work of construction and the operating of said railway by said company on the lands of the United States shall be subject to such regulations as the Secretary of War may pre- Regulation of scribe, and the exercise of the rights by this act granted are to construction and operating. terminate at the pleasure of the Secretary of War in case of persistent neglect by said company or by its successors to make the deposits or to comply with any of the conditions, requirements, and regulations aforesaid.

SEC. 2. * # * The company may buy, lease, or construct such passenger rooms, ticket offices, depots, workshops, and buildings as may be necessary, at such points, not on the land of the United States, along the lines as the business of the railway and the convenience of the public may require, and connect its tracks therewith; all the above subject to the approval of the proper authorities.

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SEC. 6. That the work on said road shall commence within one year from and after the passage of this act, and shall be complete its entire distance, and have cars running thereon for the accommodation of the public within two years from the passage of this act; otherwise this charter shall be null and void.

[blocks in formation]

Passenger

rooms.

Commencement and completion.

SEC. 8. That Congress may at any time amend, alter, or repeal Amendment, this act.

etc.

Approved, July 29, 1892.

CHAP. 327.-An act to_authorize the construction of a bridge over the Ten- July 30, 1892. nessee River at or near Deposit, Alabama.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That it shall be lawful for Gurleys and the Gurleys and Paint Rock Valley Railroad Company, of Alabama Paint Rock Valand Tennessee, a corporation duly and legally incorporated under ley Railroad Company may the laws of the States of Alabama and Tennessee, its successors or bridge Tennesassigns, to construct and maintain a bridge over the Tennessee see River at De River at or near Deposit, in Marshal County, Alabama. Said posit, Ala. bridge shall be constructed to provide for the passage of railway Railway, etc., trains, and, at the option of the persons by whom it may be built, bridge. 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 approved from time to time by the Secretary of War.

route.

SEC. 2. That any bridge built under the provisions of this act Lawful strucand subject to its limitations shall be a lawful structure, and shall ture and post 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 the munitions of war of the United States, or passengers or freight passing over the said bridge, than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post roads in the United States; and the United States shall have the right of way across said bridge and

Postal tele- its approaches for postal telegraph purposes, and all telegraph and graph. telephone companies shall have equal rights and privileges in constructing and maintaining their lines across said bridge.

Drawbridge.

Draw span.

Provisos.
Length

span.

SEC. 3. That said bridge shall be constructed as a drawbridge; the draw or pivot pier shall be at such point in the channel of the river as the Secretary of War may direct, and the opening or passage way of said draw pier shall be so protected and arranged that water crafts can be worked through it at any and all times; and the draw span shall not be of less width, nor shall the lowest part of same be of less elevation above high water, than are the widest and highest of those authorized by Congress for any bridge over the Tennessee River; and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river: Provided, That in said bridge there shall be one span of not of less than three hundred feet in the clear: Provided also, That said draw shall be opened promptly upon reasonable signals for the Opening draw. passing of boats; and said company or corporation shall maintain, Lights, etc. at its own expense, from sunset until sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under authority of this act which at any time substantially or materially obstructs the free navigation, of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct Changes, etc. such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such bbstruction; and all such alterations 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 of said river, caused or alleged to be caused by said bridge, the cause may be brought in the circuit court of the United States or the State of Alabama in whose jurisdiction any portion of said obstruction or bridge may be located: Provided further, That nothing in this act Existing laws 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 exempt this bridge from the operation of the

Litigation.

not affected.

Use by other companies.

tion.

same.

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 Compensa-approaches thereto, upon payment of a reasonable compensation for such use, and in case the owner or owners of said bridge and several railroad companies, or any 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.

Secretary

of

SEC. 5. That any bridge authorized to be constructed under this War to approve act shall be built and located under and subject to such regulations plans, etc. for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War for his examination and approval a design and drawing of the bridge, and a map of location giving for the space of one mile above and one mile below the proposed location the topography of the banks of the river, the shore lines at high and low water, the directions and strength of currents at all stages, and 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 plan and location of the bridge are approved by the Secretary of War the bridge shall not be built, and if any change is required by the Secretary of War in the plan of said bridge whilst the same is in progress of construction, or after its completion, or if the entire removal of said bridge is required by him at any time, the cost of such change or removal shall be paid by the company owning or controlling said bridge.

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