War the bridge shall not be built; and should any change Changes. SEC. 6. That this Act shall be null and void if actual construction of the bridge herein authorized be not com- Commencement menced within one year and completed within three years and completion. from the date hereof. SEC. 7. That the right to alter, amend, or repeal this Act Amendment, is hereby expressly reserved. Approved, January 26, 1897. etc. CHAP. 99.-An Act Authorizing the construction of a bridge across January 27, 1897. the Columbia River, in the State of Washington. Red Mountain Wash. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress is hereby given to the Columbia and Columbia and Red Mountain Railway Company, a corporation existing Railway Comunder the laws of the State of Washington, to construct, pany may bridge Columbia River, maintain, and operate a railway within that State, and to Stevens County, its successors and assigns, to construct and maintain a bridge and approaches thereto across the Columbia River, in the State of Washington, at such point on said river in the county of Stevens as may accommodate the line of railway which said corporation may build to said point. Said bridge shall be constructed to provide for the passage of Railway, etc., bridge. railway trains, and at the option of the said corporation may be used for the passage of wagons and vehicles of all kinds, and for the transit of animals and for foot passengers, for such reasonable rates of toll as may be fixed by the Secre- Toll. tary of War; and the Secretary of War shall have the right from time to time to revise such rates. SEC. 2. That the said bridge shall be so constructed that Secretary of a free and unobstructed passage may be secured to all water Unobstructed craft, rafts, or logs navigating said river at the point afore- navigation. said. The said bridge shall be located, built, and operated under and subject to such regulations for the securing of the navigation of said river, and such requirements as to location and direction of piers and spans, clear heading in high water, and clear spans at low water, as the Secretary shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, drawings of said bridge and piers, and a map plans, etc. of the location, giving, for the space of one mile below and one mile above the proposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current at ordinary high and low stages, and the soundings, accurately showing the bed and channel of the stream, and shall furnish such inforENG 97-261 War to approve Proviso. Lights, etc. ture and route. mation as shall be required for a full and satisfactory understanding of the subject; and, until the said location and plan of the bridge hereby authorized to be constructed are approved by the Secretary of War, the said bridge shall not be commenced or built; and should any change be made in the plan of such bridge during the progress of construction or after completion thereof, such change shall be subject to the approval of the Secretary of War: Provided, That the persons or corporation owning said bridge shall maintain, at their own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe. SEC. 3. That the bridge authorized to be constructed Lawful struc under this Act 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, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile paid for their transmission over the railroads leading to said bridge; and the United States shall have the right of way across tele said bridge and its approaches for postal telegraph purposes, and all telegraph or telephone companies shall have equal rights. Postal graph, 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 Compensation. the same, and over the approaches thereto, upon payment of a reasonable compensation to the owners of said bridge, and should the several railroad companies, or any one of them, desiring such use, 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; Telephone and and all telephone and telegraph companies shall have equal com- rights and privileges in constructing and operating their lines across said bridge. telegraph panies. ment and pletion. com Commence- SEC. 5. 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. Changes. SEC. 6. That such alterations or changes as may be required by the Secretary of War or Congress in the bridge constructed under the provisions of this Act shall be made by the said railroad company at its own expense, and at any time after the completion of the bridge; and Amendment, the right to alter, amend, or repeal this Act is hereby expressly reserved; and the right to require the entire removal of the bridge constructed under the provisions of this Act, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. etc. Approved, January 27, 1897. CHAP. 108.-An Act To authorize the Muskogee, Oklahoma and January 29, 1897. Western Railroad Company to construct and operate a line of railway through Oklahoma and the Indian Territory, and for other purposes. Oklahoma and way, ritories. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Muskogee, the Muskogee, Oklahoma and Western Railroad Company, Western Raila corporation created and existing under the laws of the road Company Territory of Oklahoma, be, and the same is hereby, invested granted right of and empowered with the right of locating, constructing, and Indian Ter owning, equipping, operating, using, and maintaining a railway, telegraph, and telephone line through the Indian allotments in severalty in the Territory of Oklahoma along such line or route as may be granted it by the laws thereof, and through the Indian Territory, beginning at a point on Location. the northern line of the Creek Nation, Indian Territory, at or near the mouth of the Cimarron River, running thence by the most feasible and practicable route to the town of Muskogee, Creek Nation; thence in a northeasterly direction by the way of Fort Gibson and Tahlequah to such a point on the western boundary line of the State of Arkansas between the Arkansas River and the northern line of the State of Arkansas as said corporation may elect, with the right to construct, use, and maintain such tracks, bridges, and sidings as said company may deem it to their interests to construct along and upon the right of way and depot grounds herein provided for, with the right to construct two branch lines of road, one commencing at the town of Branches. Muskogee, in the Creek Nation, and running thence in a southeasterly direction on the south side of the Arkansas River to the west boundary line of the State of Arkansas, the other commencing at or near said town of Muskogee and running thence in a southwesterly direction by the most feasible and practicable route to such a point on the eastern boundary of Oklahoma Territory, south of the Canadian River, as said company may select; and the company shall have the same rights and privileges for its branch railway, telegraph, and telephone lines as for its main line. Commencement and com SEC. 8. That said company shall build at least one hundred miles of its railway in the Indian Territory within pletion. three years after the passage of this Act, and complete the main line and branches thereof within three years thereafter, or the rights herein granted shall be forfeited as to that portion not built, and that without any declaration of forfeiture on the part of any officer or employee of the Government. And said company shall also construct and Crossings, etc. continuously maintain all roads, highway crossings, and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said company's right of way or may be by the proper authorities laid out across the same. And said railroad company is also hereby May bridge authorized in case it so elects, for the greater accommoda- Arkansas River. tion of the public, to so construct its bridge across the Arkansas River as to make it a suitable and safe structure Proviso. Lights, etc. ture route. mation as shall be required for a full and satisfactory understanding of the subject; and, until the said location and plan of the bridge hereby authorized to be constructed are approved by the Secretary of War, the said bridge shall not be commenced or built; and should any change be made in the plan of such bridge during the progress of construction or after completion thereof, such change shall be subject to the approval of the Secretary of War: Provided, That the persons or corporation owning said bridge shall maintain, at their own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe. SEC. 3. That the bridge authorized to be constructed Lawful struc- under this Act shall be a lawful structure and shall be and post 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, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile paid for their transmission over the railroads leading to said bridge; and the United States shall have the right of way across Postal tele said bridge and its approaches for postal telegraph purposes, and all telegraph or telephone companies shall have equal rights. graph, 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 Compensation. the same, and over the approaches thereto, upon payment of a reasonable compensation to the owners of said bridge, and should the several railroad companies, or any one of them, desiring such use, 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; Telephone and and all telephone and telegraph companies shall have equal telegraph rights and privileges in constructing and operating their panies. lines across said bridge. com Commence ment and pletion. Changes. com. SEC. 5. 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. 6. That such alterations or changes as may be required by the Secretary of War or Congress in the bridge constructed under the provisions of this Act shall be made by the said railroad company at its own expense, and at any time after the completion of the bridge; and Amendment, the right to alter, amend, or repeal this Act is hereby expressly reserved; and the right to require the entire removal of the bridge constructed under the provisions of this Act, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. etc. Approved, January 27, 1897. on said river, in Kentucky, and the Tennessee State line, and also a bridge across the Tennessee River, between Pine Bluff, in Calloway County, Kentucky, and Birmingham, in Marshall County, Kentucky, the locations of said bridges to be selected by said railroad, or its successors or assigns, between said described points on said rivers, which said bridges shall not interfere with the free navigation of said rivers; and in case of any litigation arising from any ob- Litigation. struction or alleged obstruction to free navigation of said rivers the proceedings shall be instituted in and determined by the district court of the United States for the district of the State of Kentucky. SEC. 2. That the bridges authorized by and constructed Pivot draw. bridges. under this Act shall be pivot drawbridges, and the bridges shall have a draw over the main channel of the rivers at accessible and navigable points, with spans of not less than one hundred and seventy-five feet in length on each side of the center of the pivot piers of the draws, and the remaining spans of such length as shall be necessary to reach the approaches on either side of the river, all spans to have a clear head-room of ten feet above high water; and the piers of said bridges shall be parallel with the current of the rivers when said bridges shall be erected: Provided, That the length of the drawspans may be increased if, in the opinion of the Secretary of War, the interests of navigation demand it. Proviso. tures and post SEC. 3. That any bridge constructed under this Act and Lawful strucaccording to its limitations shall be a lawful structure, routes. and shall be known and recognized as a post route, and the same is hereby declared to be a post route, and it shall enjoy the same rights and privileges as other post roads in the United States, 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 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 for a postal telegraph across said bridge. Postal telegraph. SEC. 4. That all railroad companies desiring the use of Use by other said bridges shall have and be entitled to equal rights and companies. privileges relative to the passage of railroad trains over the same and the approaches thereto, and in the use of the machinery and fixtures thereof, upon payment of a reasonable compensation for such use, and in case the owner or Compensation. owners of said bridges and the railroad companies, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid as such compensation, and upon rules and conditions to which each shall conform in using said bridges, or either of said matters, then all matters in dispute or at issue between them, or any of them, shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. SEC. 5. That the structures herein authorized shall be built and located under and subject to such regulations for the security of navigation of said rivers as the Secretary of Secretary of War to approve plans, etc. |