Security of

Said bridge shall be built and located under and subject to such regulations for the security of navigation on navigable rivers as the Secretary of War shall prescribe. To secure that object the said navigation. city of Albany shall submit to the Secretary of War, for his examinaSecretary of tion and approval, a design and drawing of such bridge, and a map of War to approve the location, giving, for the space of one mile above and one mile plans, etc. below the 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 all stages, and the soundings, accurately showing the bed and channel of the stream, and 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 any change made in the plans of such bridge during the progress of the work thereon shall be Change in plan. subject to the approval of the Secretary of War.

Structural

SEC. 4. That such alterations or changes as may be required by the Secretary of War or Congress in the bridge constructed under the pro- changes. visions of this act shall be made by the said city of Albany at its own expense, and at any time after the completion of such bridge the said

ties, etc.

city of Albany may, at its option, surrender and transfer to the coun- Optional transties of Linn and Benton, in the State of Oregon, said bridge and the fer, etc., to Linn entire control and management thereof, in which event and in case of ard Benton counthe acceptance thereof by said counties they shall thereafter be subject to all the obligations and conditions imposed upon the city of Albany by the provisions of this act.

Aids to naviga

SEC. 5. That said city of Albany, or any county or counties, corporation, or persons owning, controlling, or operating the bridge built tion. under the authority of this act shall build and maintain at all times as accessory works to said bridge such booms, piers, dikes, guardfences, and similar devices as may be necessary to insure at all times a permanent channel for a sufficient distance above and below the bridge site, and for guiding of rafts, steamboats, and other watercraft safely under or through said bridge, as may be prescribed by the Secretary of War.

Terms.

SEC. 6. That in case the bridge authorized by this act shall be con- Use by railroad structed to provide for the passage of railroad trains, then all railroad companies. companies desiring the use of the bridge 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 the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and 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; and equal privileges in the use of said bridge and ap- graph, etc., comproaches shall be granted to all telegraph and telephone companies. panies.

Use by tele

SEC. 7. That this act shall be null and void if actual construction of Commence. the bridge herein authorized be not commenced within two years and ment and complecompleted within four years from the date of approval thereof.

tion.

Removal.

SEC. 8. That the right to alter, amend, or repeal this act is hereby Amendment, expressly reserved; and the right to require the entire removal of the etc. 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. Approved, December 26, 1890.

CHAP. 84.-An act authorizing the Bowling Green and Northern Railroad Company to bridge Green and Barren Rivers.

December 26,

1890.

Be it enacted by the Senate and House of Representatives of the United Bowling Green States of America in Congress assembled, That it shall be lawful for the and Northern Railroad Com. Bowling Green and Northern Railroad Company, a corporation created pany may bridge and existing under and by virtue of the laws of the State of Kentucky, Green and Barto build or cause to be built a bridge across Green River at a point ren Rivers, Ky. ENG 91-31

Locations.

near the mouth of Bear Creek; also one across Barren River near Graham's Landing, or at such other points as may be selected by the Railway said railroad company and approved by the Secretary of War, and to bridges. lay on or over said bridge or bridges railway tracks, for the more perfect connection of the railway tracks they may hereafter build, to the points to be selected for crossing said rivers.

Draw or span.

Provisos.

Spans.
Length, etc.

Height.

SEC. 2. That any bridge or bridges built under the provisions of this act may, at the option of said railway company, be built as a draw bridge or with unbroken or continuous spans: Provided, That if any such bridge or bridges shall be built with unbroken and continuous spans the spans thereof over and above the channels of said river or rivers shall not be less than two hundred feet in length in the clear, and the main span or spans shall be over the main channels of the above-mentioned rivers. The lowest part of the superstructure of said bridges shall be of such height above extreme high-water mark, as understood at the points of location, as the Secretary of War may prescribe, and, if any such bridge is constructed as a low bridge, it Draw-open-shall have such clear height and be provided with draw-openings of such width and at such location as shall be prescribed by the SecrePiers, etc. tary of War. The bridges shall be at right angles to and their piers parallel with the current of the rivers: And provided also, That said Optional use bridges, at the option of the corporation or company by which they for wagons and may be built, may be used for the passage of wagons and vehicles of foot-passengers. 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.

ings, etc.

Tolls.

Lawful struc

routes.

SEC. 3. That any bridge or bridges authorized to be constructed tures and post- under this act shall be lawful structures, and shall be recognized and known as post-routes, and they shall enjoy all the rights and privileges of other post-roads in the United States, upon which also no Railroad higher charge shall be made for the transmission over the same of the charges. mails, the troops, and the munitions of war of the United States, or for through passengers or freight passing over said bridge or bridges and approaches, than the rate per mile paid for transportation over Postal tele-the railroads leading to said bridge or bridges; and the United States shall have the right of way for postal telegraph and telephone purposes without charge therefor across said bridge or bridges and approaches.

graph, etc.

Said bridge or bridges shall be built and located under and subject Security of to such regulations for the security of navigation as the Secretary of navigation. War shall prescribe; and to secure that object the said company or Secretary of corporation shall submit to the Secretary of War, for his examination War to approve and approval, a design and drawings of the bridge or bridges, and a plans, etc. map of the location or locations, giving, for the space of one mile above and one mile below the proposed location or locations, the high and low water lines upon the banks of the river or rivers, the direction and strength of the current at all stages of the water, with the soundings, accurately showing the bed of the stream, and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, 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 or bridges are approved by the Secretary of Change in plan. War the bridge or bridges shall not be built, and should any change be made in the plan of said bridge or bridges during the progress of construction or after completion such changes shall be subject to the approval of the Secretary of War.

Amendment,

etc.

Removal.

Lights, etc.

Commence

SEC. 4. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structure, or its entire removal, at the expense of the owners thereof, or the corporation or persons controlling the same, whenever the public interest requires it, is also expressly reserved.

SEC. 5. On any bridge or bridges constructed under the provisions of this act there shall be maintained, at the expense of the company or corporation owning or controlling the same, such lights and other signals as may be prescribed by the Light-House Board.

SEC. 6. That this act shall be null and void if actual construction of ment and com- the bridges herein authorized be not commenced within one year and pletion. completed within three years from the date hereof.

Approved, December 26, 1890.

February 9.

CHAP. 121.-An act to authorize the Norfolk and Western Railroad Company to bridge the Tug Fork of the Big Sandy River at certain points, where the same forms 1891. the boundary line between the States of West Virginia and Kentucky.

and

Be it enacted by the Senate and House of Representatives of the United __Norfolk States of America in Congress assembled, That it shall be lawful for the Western Rail. road Norfolk and Western Railroad Company, a corporation existing under Company may bridge Tug the laws of Virginia and West Virginia, to construct and maintain Fork of Big bridges and approaches thereto across the Tug Fork of the Big Sandy Sandy River, beRiver at such points where the same forms the boundary line between tween West Vir

the States of West Virginia and Kentucky as the said company may tucky. ginia and Kendeem suitable for the passage of its road over the said fork of the Big Location of Sandy River, subject to the approval of the Secretary of War. bridges.

Lawful struc

routes.

Postal

tele

SEC. 2. That any bridge or bridges authorized to be constructed under this act shall be lawful structures, and shall be recognized and known as post routes, and they shall enjoy all the rights and privileges of tures and post 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, or for through passengers or freight passing over said bridge or bridges and approaches, than the rate per mile paid for transportation over the railroads leading to said bridge or bridges; and the United States shall have the right of way for postal telegraph and telephone purposes without charges therefor across said bridge or bridges and approaches. graph, etc. Said bridge or bridges shall be built and located under and subject Security of to such regulations for the security of navigation as the Secretary of navigation. War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge or bridges and a map of the location or locations, giving, for the space of one mile above etc. and one mile below the proposed location or locations, the high and low water lines upon the banks of the river or rivers, the direction and strength of the current at all stages of the water, with the soundings, accurately showing the bed of the stream, and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and should any change be Change of plan. made in the plan of said bridge or bridges during the progress of construction or after completion, such changes shall be subject to the approval of the Secretary of War.

Maps,

plans,

SEC. 3. That the right to alter, amend, or repeal this act is hereby Amendment, expressly reserved, and the right to require any changes in said struc- etc tures, or any of them, or their entire removal at the expense of the owners thereof, or the corporation or persons controlling the same, changes. whenever the public interest requires it, is also expressly reserved.

Structural

SEC. 4. That on any bridge or bridges constructed under the provi- Lights, etc. sions of this act there shall be maintained, at the expense of the company or corporation owning or controlling the same, such lights and

other signals as may be prescribed by the Light-House Board.

SEC. 5. That this act shall be null and void if actual construction of Commencement the bridges herein authorized be not completed within three years from and completion. the date hereof.

Approved, February 9, 1891.

CHAP. 123.--An act to authorize the construction of a bridge across the Cumber. land River for the use of the Chesapeake and Nashville Railway, and for other purposes.

February 9, 1891.

Be it enacted by the Senate and House of Representatives of the United Chesapeake States of America in Congress assembled, That the Chesapeake and Nash- and Nashville Railway Compa. ville Railway Company, a corporation organized under and pursuant ny may bridge to the laws of the States of Kentucky and Tennessee, or its successors, Cumberland be, and is hereby, authorized to construct and maintain a bridge over River at point in the Cumberland River at such point in Trousdale or Sumner and Wil- Tennessee. son or Davidson counties, in the State of Tennessee, as it may select, subject to the approval of the Secretary of War. Said bridge shall

Location.

Railway, or provide for the passage of railway trains and, at the option of the railway, wagon, said company, may be used also for the transit of animals, vehicles of and foot bridge. all kinds, and foot passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War.

Toll.

route.

Lawful struc- SEC. 2. That any bridge built under this act and subject to its limiture and post tations shall be a lawful structure and shall be recognized and known as a post route, and it shall enjoy the rights and privileges of other Telegraph, post roads in the United States, and equal privileges in the use of said etc., companies. bridge shall be granted to all telegraph and telephone companies; and the United States shall have the right of way across said bridge for all

Government

right of way.

Security navigation.

Maps, etc.

of

purposes.

SEC. 3. That any bridge authorized by this act shall be located and built subject to such regulations for the security of navigation 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 the location thereof, giving the high and low water lines upon the banks of the river, the direction and strength of the currents at all stages of the water, with soundir gs, accurately showing the bed of the stream, and the location of any other bridge or bridges; such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such other information as may be required for a full and satisfactory understanding of the subApproval of ject, and until such plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built, and Change in plan. should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War.

location.

Use by other companies.

Terms.

SEC. 4. That all railroad companies desiring the use of said bridge shall have equal rights and privileges relative to the passage of railway trains over the same and over the approaches thereto upon the payment of reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or Failure to any of them, desiring such use shall fail to agree upon the sums to be paid, and upon rules and conditions to which each shall conform in Decision by using said bridge, all matters at issue between them shall be decided by Secretary of War. the Secretary of War upon a hearing of the allegations and proofs of the parties.

agree.

Lights, etc.

SEC. 5. That the Chesapeake and Nashville Railway Company shall maintain on said bridge, at its own expense, from sunset to sunrise, such lights or other signals as the Light-House Board shall prescribe. SEC. 6. That this act shall be null and void if actual construction of ment and com- the bridge herein authorized be not commenced within one year and pletion. completed within three years from the date hereof.

Commence

Amendment.

etc.

Structural changes, etc.

SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structure, or its entire removal, at the expense of the owners thereof, whenever Congress or the Secretary of War shall decide that the public interests require it, is also expressly reserved. Approved, February 9, 1891.

February 9, 1891.

CHAP. 126.-An act to promote the construction of a safe deep-water harbor on the coast of Texas.

Corpus Christi Be it enacted by the Senate and House of Representatives of the United and Padre Island States of America in Congress assembled, That the Corpus Christi and Harbor Company Padre Island Harbor Company, created and existing under and by virtue may construct harbor and of articles of incorporation drawn in accordance with and by aubridges at Padre thority of the general incorporation act of the State of Texas, and Island, Tex.

Commencement.

dated December tenth, eighteen hundred and eighty-seven, or its successors or assignees, be, and is hereby, authorized and empowered to construct, at their exclusive cost, as in their charter provided, a seawall, breakwaters, and viaduct off the shore of Padre Island, on the coast of Texas, within the jurisdiction of the United States, subject to the terms and conditions herein set forth.

SEC. 2. That said company shall, within two years after the passage of this act, locate and commence the construction of said harbor at a point to be selected by them off Padre Island, coast of Texas. Com

Viaduct.

Depth of water.

Sea-walls.
Length.

Base ard wall.

Height, etc.

mencing at the water's edge and running at an angle to the shore they Location. shall construct a viaduct of the most approved modern plan, extending seaward until a depth of, say, twenty-seven feet of water is reached; thence continuing in the same direction they shall construct a sea-wall until thirty feet or more of water is reached; thence turning southward at an angle or curve which shall throw the sea wall parallel, or nearly so, with the shore-line of Padre Island, they shall construct a sea-wall three thousand feet in length, said sea-wall to be placed upon a base of riprap or other suitable foundation, upon which shall be constructed a wall of concrete of such form of structure as the engineer officer of said company may hereafter adopt, twenty-two feet thick, more or less, and twenty-nine feet high, reaching eleven feet above mean low water. They shall also construct breakwaters of sufficient length and so placed as to protect the shore end of the viaduct, and another of sufficient length and so placed as to protect the entrance to the embayed space, thus forming an outer harbor sufficient in extent Dimensions, to afford dockage for, and accommodation at its wharves for, thirty of etc., of outer har the largest ocean steamers afloat and two hundred or more smaller ves- bor. sels or coasters at one time, and shall complete said work within four years from the commencement of the same. When completed, the em- Completion. bayed space or harbor shall be, and is hereby, declared to be a harbor A free harbor of refuge for the vessels of all nations and such vessels as may touch of refuge for vesfor orders, free of charge, except such vessels as may land at the Exceptions. wharves.

Breakwaters.

sels.

SEC. 3. That in consideration of the free use of the embayed space and wharfage. Port charges or harbor as a harbor of refuge for the vessels of all nations except vessels which land at and use the wharves, and in further consideration of the vast benefit to the general commerce of the whole country and in lieu of any money appropriations for the improvement of the said coast, the said company shall be allowed to charge and collect such reasonable port charges and wharfage as may be prescribed by Secretary of the Treasury to regulations that may be made by the Secretary of the Treasury of the regulate. United States, in conformity with the laws of the United States. SEC. 4. That no wharfage or port charges shall be charged until after the said improvement shall have been inspected by a board of three engineers of the United States Army, appointed by the Secretary of War for the purpose, and found to have been fully completed in accordance with the terms of this act and until such report shall have been approved by the Secretary of War.

Charges, etc. Inspection by Army engineers,

etc.

Optional right

SEC. 5. That the United States Government specially reserves the of Government right at its option to take said works upon payment to the owners to take possesthereof the actual value of the same at the time of taking, which sion, etc. value shall be determined by a board of engineers of the United States of value. Army, to be appointed by the Secretary of War for the purpose.

Determination

bor, etc.

SEC. 6. The rights herein granted to the "Corpus Christi and Padre No discriminaIsland Harbor Company" are upon the condition that there shall be tion in use of harno discrimination made in favor of or against any individual or corporation in regard to the use of said harbor or its approaches by land

or water.

SEC. 7. That the said Corpus Christi and Padre Island Harbor Com-, pany be, and hereby is, authorized and empowered to construct bridges across Laguna Madre from the main land to Padre Island, in accordance with such plans and specifications as the Secretary of War may approve.

Approved, February 9, 1891.

May bridge Location of Laguna Madre. bridges. Secretary of War to approve plans.

CHAP. 164.-An act to authorize the construction of a tunnel under the waters of the bay of New York, between the town of Middletown, in the county of Richmond and the town of New Utrecht, in the county of Kings, in the State of New York, and to establish the same as a post-road.

February 13, 1891.

and Staten Is

Com

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 the New Jersey New Jersey and Staten Island Junction Railroad Company, a corpora land Junction tion existing under the laws of the State of New York, to build and Railroad maintain a tunnel under the waters of the bay of New York, from a pany may tun point in the town of Middletown, in the county of Richmond, in said nel New York Bay from MiddleState, to a point in the town of New Utrecht, in the county of Kings, town to New in said State, for the passage of railroad trains, engines, and cars in Utrecht, N. Y.