LAWS AFFECTING THE CORPS OF ENGINEERS, UNITED STATES ARMY. FIFTY-THIRD CONGRESS, SECOND SESSION, 1893-'94. PUBLIC ACTS. 1894. CHAP. 12.-An Act To amend an Act of Congress approved May, January 22, twelfth, eighteen hundred and ninety, granting to the Aransas Pass Harbor Company the right to improve Aransas Pass. 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 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. Harbor. Aransas Pass Time for constructing work Vol. 26, p. 106. extended. Proviso. work. Revocation on failure. Amendment, etc. ENG 94 -217 3457 January 22, 1894. Dam across, authorized Shawnce Coun ty. 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 in the Chicago-Topeka Light, Heat, and Power Company, a corporation organized under the laws of the State of Illinois, 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 Provisos. Removal, etc., War. Recovery expense. of Commencement 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 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. SEC. 2. That the dam or dams herein provided for shall and completion. 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. Amendment, etc. SEC. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, January 22, 1894. January 22, 1894. CHAP. 18.-An Act To amend an Act approved September fourth, eighteen hundred and ninety, anthorizing the New Orleans, Natchez and Fort Scott Railroad Company to construct two bridges across Boeuf 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 La. Time for bridg the Act approved September fourth, eighteen hundred and ing extended. 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 the 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. tele Unobstructed navigation. Opening draw. Lights, etc. 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 retary of War. Decision by Sec upon the hearing of the allegations and proofs of the parties. Secretary of War to approve plans, etc. Changes. Litigation. Amendment, etc. SEC. 4. That any bridge authorized to be constructed under this act 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 the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, 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 all stages, and the soundings, accurately showing the bed of the stream, 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 plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, so as to prevent or remove all substantial obstruction to the navigation of said river, such change shall be subject to the approval of the Secretary of War; and if any litigation shall be had in regard to the location or construction of said bridge, the same shall be in the circuit court of the United States in whose territorial jurisdiction said bridge, or any part thereof, is located. SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved; and any alterations or changes that may be required by Congress in the bridge constructed under this act, or its entire removal, shall be made by the corporation owning or controlling the same, and completion. at its own expense. Furthermore, if the construction of said bridge shall not be commenced within one and completed within three years after the passage of this act, all privileges conferred hereby and this act shall become null and void. Commencement Approved, January 27, 1894. January 27, 1891. Supplies for Executive De R. S., sec. 3709, CHAP. 22.-An Act To amend section thirty-seven hundred and nine of the Revised Statutes, relating to contracts for supplies in the Departments at Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That partments. section thirty-seven hundred and nine of the Revised p. 783, amended. Statutes is amended by adding thereto the following: Advertise- And the advertisement for such proposals shall be made Departments to by all the Executive Departments, including the Departbe on the same ment of Labor, the United States Fish Commission, the Interstate Commerce Commission, the Smithsonian Institution, the Government Printing Office, the government of the District of Columbia, and the superintendent of the ments for all the day. Time for open the same. State, War, and Navy building, except for paper and materials for use of the Government Printing Office, and materials used in the work of the Bureau of Engraving and Printing, which shall continue to be advertised for and purchased as now provided by law, on the same days and ing bids to be shall each designate two o'clock post meridian of such days for the opening of all such proposals in each Department and other Government establishment in the city of Washington; and the Secretary of the Treasury shall designate the day or days in each year for the opening of such proposals and give due notice thereof to the other Departments and Government establishments. Such proposals shall be opened in the usual way and schedules thereof duly prepared and, together with the statement of the proposed action of each Department and Government establishment thereon, shall be submitted to a board, consisting of one of the Assistant Secretaries of the Treasury board for appro and Interior Departments and one of the Assistant Postmasters-General, who shall be designated by the heads of said Departments and the Postmaster-General respectively, at a meeting to be called by the official of the Treasury Department, who shall be chairman thereof, and said board shall carefully examine and compare all the proposals so submitted and recommend the acceptance or rejection of any or all of said proposals. And if any or all of such proposals shall be rejected, advertisements for ment of rejected proposals shall again be invited and proceeded with in the bids. same manner. Approved, January 27, 1894. Submission to val. Readvertise CHAP. 24.-An Act Authorizing the Gulf, Beaumont and Kansas February 2, 1894. City Railway Company to bridge the Neches and Sabine rivers in the States of Texas and Louisiana. Neches River, La. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Gulf, Beaumont and Kansas City the Gulf, Beaumont and Kansas City Railway Company, Railway Com its successors or assigns, be, and is hereby, authorized to pany may bridge construct and maintain a railway bridge, and approaches Tex., and Sabine thereto, over and across Neches River, in Texas; and also River, Tex. and a railway bridge, and approaches thereto, over and across Sabine River, in Texas and Louisiana, at such points as may be selected by said railway company subject to approval by the Secretary of War for crossing said rivers with its railroad line. Said bridges shall be constructed to provide for Railway, the passage of railway trains and, if the Secretary of War bridge. shall at any time so determine, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, for foot passengers, for such reasonable rates of toll as may be approved from time to time by the Secre- Tolls. tary of War. That if the said bridges, or either of them, over the said rivers shall be made with unbroken and continuous spans, there shall be at least one span of a height of not less than eighty feet above low water as understood wagon, and foot Spans. |