LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY FIFTY-THIRD CONGRESS, SECOND SESSION. 1893-'94. 3455 LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY. FIFTY-THIRD CONGRESS, SECOND SESSION, 1893-'94. PUBLIC ACTS. CHAP. 12.-An Act To amend an Act of Congress approved May, January 22, twelfth, eighteen hundred and ninety, granting to the Aransas Pass 1894. Harbor Company the right to improve Aransas Pass. Harbor. Aransas Pass Time for constructing work Vol. 26, p. 106. extended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Aransas Pass Harbor Company, which is engaged in the improvement of Aransas Pass under the provisions contained in an Act of Congress entitled "An Act for the improvenent of Aransas Pass," approved May twelfth, eighteen hundred and ninety, is hereby relieved from the conditions of said Act which require the construction of said work to be commenced within one year from the date of its approval and to be diligently prosecuted by the expenditure of at least three hundred thousand dollars per annum thereafter, and to secure a navigable depth over the outer bar of fifteen feet of water within three years after the date of approval of said Act, and of twenty feet within five years from said date; and the said company is hereby authorized to continue and complete its work of improvement as set forth in said Act: Provided, That work shall be resumed by the said Aransas Pass Harbor Company within six months from the date of approval of this act, and shall be diligently prosecuted to completion, and said company shall secure a navigable depth over the outer bar of at least twenty feet of water within two years from the date of approval of this act. And in the event of said company failing to resume said work within the said six failure. months, or failing to diligently prosecute the same, or to secure a navigable depth of twenty feet of water over the outer bar within the time required by this act, then Congress may revoke the privileges herein granted in relation to said improvement. SEC. 2. That the right of Congress to alter, amend, or repeal this act is hereby reserved. Approved, January 22, 1894. ENG 94. -217 3457 Proviso. work. Revocation on etc. Amendment, January 22, 1894. across, anthorized in ty. Provisos. CHAP. 15.-An Act To authorize the construction and maintenance of a dam or dams across the Kansas River, within Shawnee County, in the State of Kansas. Be it enacted by the Senate and House of Representatives Kansas River. of the United States of America in Congress assembled, That Damro the Chicago-Topeka Light, Heat, and Power Company, a Shawnce Coun corporation organized under the laws of the State of Illi nois, its successors and assigns, be, and they are hereby, authorized and empowered to construct and maintain a dam or dams across the Kansas River, at any suitable place or places within the county of Shawnee, in the State of Kansas: Provided, That on notice by the Secretary of Removal, etc. War that said dam or dams are material obstructions to navigation, said dam or dams shall be at once removed, or suitable lock or locks provided by the owner or owners thereof at his or their expense, so as not to interfere with by Secretary of navigation: And provided further, That if after due and sufficient notice in such case the owner or owners of said dam or dams shall neglect or fail to provide suitable lock or locks, or otherwise modify or remove said obstructions, in such manner as the Secretary of War may direct, the said Secretary is hereby authorized and directed to cause suitable lock or locks to be provided, or said obstructions to be removed or modified at the expense of the United States, and to institute proceedings against the person or of persons or corporation owning or controlling said dam or dams for the recovery of the expense thereof before the circuit court of the United States in and for the district in which said dam or dams may be located. Removal, etc., War. Recovery expense. Commencement and completion. Amendment, etc. SEC. 2. That the dam or dams herein provided for shall be commenced within one year from the date of approval of this act and completed within three years, under penalty of the forfeiture of the franchise herein granted. SEC. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, January 22, 1894. January 22, 1891. La. ing extended. CHAP. 18.-An Act To amend an Act approved September fourth, eighteen hundred and ninety, authorizing the New Orleans, Natchez and Fort Scott Railroad Company to construct two bridges across Boenf River, in Louisiana. Be it enacted by the Senate and House of Representatives Boeuf River, of the United States of America in Congress assembled, That Time for bridg the Act approved September fourth, eighteen hundred and ninety, entitled "An Act to authorize the construction of two bridges across Boeuf River, Louisiana," be, and is hereby, amended so that the time within which the actual construction of said bridges may be commenced is hereby extended for the period of one year from the date of the approval of this Act. Vol. 26, p. 423. Approved, January 22, 1894. CHAP. 19. An Act To authorize the Chattanooga Western Railway January 27, 1894. Company to construct a bridge across the Tennessee River near Chattanooga. Western Rail Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Chattanooga the Chattanooga Western Railway Company, a corporation way Company created and organized under the laws of the State of Ten- may bridge Ten nessee River, nessee, be, and is hereby, authorized to construct and main Chattanooga, tain a bridge, and approaches thereto, over the Tennessee Tenn. River, at or near the city of Chattanooga, in the county of Hamilton, State of Tennessee, which shall be so constructed as to provide for the passage of railway trains, locomotives, passenger and freight cars on, over, and across the Railway bridge. same. And the right is also hereby given to the said county of Hamilton to erect, or cause to be erected, on, over, and above said railway bridge, using the latter as its substructure, a public bridge to be used for the passage of street cars, wagons, and vehicles of all kinds, and for animals and foot passengers. County may build wagon and foot bridge. Lawful struct ure and post route. SEC. 2. That any bridge built under this act and subject to its limitations shall be a lawful structure, and shall be recognized and known as a post route, and shall enjoy the rights and privileges of other post-roads in the United States. That no higher charge shall be made for the Charges. transmission over the same of the mail, 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 for their transmission 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 for postal-telegraph purposes; that Postal telethe said bridge shall be constructed either by draw, span, or otherwise, so that a free and unobstructed passageway may be secured to all water craft navigating said river at the point aforesaid: Provided, That if said bridge author- Proviso. ized to be constructed under this act shall be constructed as a drawbridge the draw shall be opened promptly upon reasonable signals for the passage of boats or vessels; and whatever kind of bridge is constructed said corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe. SEC. 3. 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 such basis or arrangement as may be agreed upon by and between such companies and the Chattanooga Western Railway graph. Unobstructed navigation. Opening draw. Lights, etc. Use by other companies. Company; and in case the owner or owners of said bridge, Disagreements. 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 |