Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

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Chapter 35
Sections 2 | 3 | 4 | 5 | 6

Margin Notes
Chap. 35 Kansas and Arkansas Valley Railway may bridge Arkansas River, Indian Territory.
    1886, c. 395, ante, p. 231.
Chap. 35 Bridge at Fort Smith.
Chap. 35 Railway, passenger, and wagon.
Sec. 2 High or draw.
Sec. 2 Security of navigation.
Sec. 2 Plans, etc., to be approved by Secretary of War.
Sec. 2 Change of plan.
Sec. 2 Use by other companies.
Sec. 2 Secretary of War to prescribe terms.
Sec. 3 Lawful structure and post-route.
Sec. 4 Railroad transportation charges.
Sec. 4 Tolls for vehicles, etc.
Sec. 5 Right to amend, etc., reserved.
Sec. 5 Consequent expenditure.
Sec. 6 Commencement and completion.

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Chapter 35
    Mar. 15. 1890. | 26 Stat., 21.
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An act to authorize the construction of a bridge over the Arkansas River, in the Indian Territory.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Kansas and Arkansas Valley Railway, a corporation organized and existing under the laws of the State of Arkansas, and being empowered by act of Congress, approved June first, eighteen hundred and eighty-six, to construct its railway from a point on the eastern boundary line of the Indian Territory, at or near Fort Smith, Arkansas, through said Territory in a northwest direction to a point on the northern boundary line of said Territory, with the power to build a branch as therein provided, the construction and operation of which said line of railway involves the necessity of constructing a bridge across the Arkansas River, in the Indian Territory, from a point at or near Fort Smith be, and the said Kansas and Arkansas Valley Railway, its successors and assigns, are hereby authorized and empowered to construct said bridge across said river, and to maintain and operate the same as a railway, passenger, and wagon bridge.

SEC. 2

That any bridge authorized to be constructed under this act, whether constructed as a high bridge or a draw bridge, shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe, and to secure that object said company or corporation shall submit to the Secretary of War a design and drawings of said bridge to be erected for his examination and approval and a map of its location, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and until said plan and location of said bridge are approved by the Secretary of War said bridge shall not be commenced or built; and should any change be made in the plan of any bridge authorized to be constructed by this act during the progress of the work of construction, such change shall be subject to the approval of the Secretary of War. That all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties, in case they shall not agree.

SEC. 3

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, upon which no higher charge shall be made for 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 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 of the United States.

SEC. 4

That the charges for transportation of passengers and freight in the cars of said company over said bridge shall be subject to, and regulated by, the provisions of section four of the above-recited act of June first, eighteen hundred and eighty-six, authorizing the construction of said railroad in the Indian Territory. The rates of toll which shall be charged for vehicles and foot-passengers over said bridge shall be the same as those now established for like service by the laws of Arkansas, as expressed in section five thousand five hundred and forty-six of Mansfield’s Digest thereof, eighteen hundred and eighty-four, page one thousand and sixty-eight.

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SEC. 5

That the right to alter, amend, or repeal this act, or any part thereof, whenever Congress shall consider it necessary for the public interest, is hereby expressly reserved, and any expenditure required by reason of such legislation by Congress shall be made by the owners of said bridge, or the corporation or parties controlling and using the same, without cost or damage to the United States.

SEC. 6

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 of approval of this act.

Approved, March 15, 1890.

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