LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY. FIFTY-SECOND CONGRESS, SECOND SESSION, 1892-'93. PUBLIC ACTS. CHAP. 16.-An act to authorize the Alabama Grand Trunk Railroad Company to bridge across the Talapoosa and Coosa Rivers. December 28, 1892. Trunk Railroad may poosa and Coosa Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Alabama Grand the Alabama Grand Trunk Railroad Company, organized Company under the laws of the State of Alabama, be, and is hereby, bridge Tallaauthorized to construct, maintain, and use a bridge, and rivers, Alabama. approaches thereto, over the Talapoosa River, near Hatchett Ferry, and also a bridge, and approaches thereto, over the Coosa River, at some point between Cedar Bluff and Tripp Ferry, both of said proposed bridges being in the State of Alabama. Said bridges shall be constructed to Railway, provide for the passage of railway trains, and, at the option bridges. of the corporation by which either of said bridges may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers. wagon, and foot routes. SEC. 2. That any bridge built under this act and subject Lawful structures and postto its limitations 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 post roads in the United States; and, upon just compensation being paid to said company, equal privileges in the use of said bridge or bridges shall be granted to all telegraph and telephone companies; and the United States shall have the right of way, free of cost, over said bridge or bridges for postal telegraph purposes. Postal telegraph. SEC. 3. That all railroad companies desiring the use of Use by other said bridge or bridges 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 the payment of a reasonable compensation to the said Ala- Compensation. bama Grand Trunk Railroad Company, its successors and companies. Changes. assigns, for such use; and in case the owner or owners of said bridge or bridges, and the 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 or bridges, 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. 4. That the bridges authorized to be constructed War to approve under this act shall be built and located under and subject plans, etc. to such regulations for the security of navigation of said rivers as the Secretary of 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 each of said bridges, when necessary to construct either of them, and a map of the 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 direction and strength of the currents at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and 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 is approved by the Secretary of War the bridge shall not be commenced or built; and should any change be made in the plan of either of said bridges during the progress of construction, such changes shall be subject to the approval of the Secretary of War; and the expense of such change, and of any other changes at any time required by the Secretary of War in either of said bridges, or the entire removal of either or both of said bridges after being completed, if the Secretary of War deems the same necessary, shall be paid by the persons or corporation owning or controlling said bridge or bridges, and any action ensuing from the construction of said bridges, or either of them, shall be instituted and brought in the district court of the United States within whose jurisdiction any portion of said bridge or bridges may be located: Provided, That no bridge shall be Aids to navi- built under the provisions of this act, except there also be built, at the time of the erection of the piers, such sheer booms, dikes, piers, or other suitable structures for the guiding of rafts, steamboats, and other water craft safely through the passageways as shall be required by the Secretary of War: And provided also, That the said company or comporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridges as the Light-House Board shall prescribe. Litigation. Provisos. gation. Lights, etc. Commence. ment and com pletion. SEC. 5. That this act shall be null and void as to such bridge, herein provided for, on which actual construction is not commenced within one year and completed within three years from the date thereof; but shall remain in full force and effect as to such bridge, herein provided for, on which actual construction is commenced within one year and completed within three years from the date hereof. SEC. 6. That Congress hereby expressly reserves the Amendment, right to alter, amend, or repeal this act whenever the pub. to. lic interests so require. etc. Approved, December 28, 1892. CHAP. 21.—An act anthorizing the sale of land in the vicinity of January 6, 1893. Fort Mifflin on the river Delaware. Vol. 27, p. 414. of land near, authorized. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Fort Mifflin, Pa. the Secretary of War and the Secretary of the Navy for the Sale time being are authorized to sell, at such price as may be agreed upon by the Attorney-General and themselves, and convey to the International Navigation Company, a corporation created under the laws of the Commonwealth of Pennsylvania, subject to such conditions as they shall deem proper for the public interest, the right, title, and interest of the United States in and to so much of the land described in deed by John W. Ashmead and wife to the United States, dated the twenty-eighth day of March, eighteen hundred and fifty-one, being in the vicinity of Fort Mifflin on the river Delaware, lying outside the dike or river bank and eastward of the fort, as will, in the judgment of said Secretary of War, the Secretary of the Navy and the AttorneyGeneral, not be prejudiced to the interests of the United States: Provided, That the right, title, and interest to so much of this land as may be needed as sites for dikes, shall Dikes, etc. be retained by the United States, together with the right to maintain and control said dikes. Approved, January 6, 1893. Proviso. CHAP. 24.-An act to amend an act approved April twenty-second, January 9, 1893. eighteen hundred and ninety, authorizing the Natchitoches Cane River Vol. 27, p. 415 Bridge Company to construct and maintain a bridge across Cane River, in Louisiana. Time for con tended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Bridge across the act approved April twenty-second, eighteen hundred Cane River, La. and ninety, entitled "An act to authorize the Natchitoches structing ex Cane River Bridge Company to construct and maintain a bridge across Cane River, in Louisiana," be, and is hereby, amended so that the time within which the actual construction of said bridge may be commenced is hereby extended for the period of one year from the date of the approval of this act. Approved, January 9, 1893. January 9, 1893. Red River, Alex structing ex tended. CHAP. 25. —An act to amend an act approved March second, eighteen hundred and ninety-one, authorizing the construction of a bridge across the Red River, Louisiana, by the Rapides Bridge Company, limited. Be it enacted by the Senate and House of Representatives Bridge across of the United States of America in Congress assembled, That andria, La. the act approved March second, eighteen hundred and Time for con ninety-one, entitled "An act authorizing the Rapides Bridge Company, limited, to construct and maintain a bridge across the Red River at or near Alexandria, Louisiana," be, and is hereby, amended so that the time within which the actual construction of said bridge may be commenced is hereby extended for the period of one year from the date of the approval of this act. Vol. 26, p. 826. Approved, January 9, 1893. January 10, 1893. CHAP. 28.—An act authorizing the construction of a bridge across Vol. 27, p. 416. the Columbia River, in the State of Washington. may bridge Co Wash. Be it enacted by the Senate and House of Representatives Saint Paul of the United States of America in Congress assembled, That Minneapolis, and Manitoba Rail the assent of Congress is hereby given to the Saint Paul, way Company Minneapolis and Manitoba Railway Company, a corporalumbia River, tion existing under the laws of the State of Minnesota, but empowered by the laws of the State of Washington to construct, maintain, and operate a railway within that State, and to 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 between the counties of Douglas and Kittitas as may accommodate the line of railway which said corporation Railway, may build to said point. Said bridge shall be constructed wagon, and foot bridge. to provide for the passage of 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 Secretary of War, and the Secretary of War shall have the right from time to time to revise such rates. Tolls. Unobstructed navigation. Secretary SEC. 2. That the said bridge shall be so constructed that a free and unobstructed passage may be secured to all water craft, rafts, or logs navigating said river at the point aforesaid. 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 of low water, as the Secretary shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his of examination and approval, drawings of said bridge and piers, and a map 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 War to approve plans, etc. ordinary high and low stages, and the soundings, accurately showing the bed and channel of the stream, and shall furnish such information 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 Lights, eto. as the Light-House Board shall prescribe. Proviso. and post SEC. 3. The bridge authorized to be constructed under this act shall be a lawful structure and shall be recognized Lawful strucand known as a post route, upon which, also, no higher ture charge shall be made for the transmission over the same of route. 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 said bridge and its approaches for postal telegraph purposes, Postal and all telegraph or telephone companies shall have equal graph. rights. tele Compensation SEC. 4. That all railroad companies desiring the use of Use by other said bridge shall have and be entitled to equal rights and companies. privileges relative to the passage of railway trains over the same and over the approaches thereto upon 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 all telephone and telegraph telegraph lines. companies shall have equal rights and privileges in constructing and operating their lines across said bridge. Telephone and and completion. SEC. 5. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced Commencement within one year and completed within three years from the date hereof. SEC. 6. That such alterations or changes as may be re- Changes. quired 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 the right to alter, amend, or repeal this act is hereby expressly re- Amendment, served; 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, January 10, 1893. |