Page:United States Statutes at Large Volume 30.djvu/446

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 298. 1898. 47 CHAP. 298.-An Act Authorizing the Campbell-Lynch Bridge Company to con- May 14, 1898. struct a bridge across the Arkansas River at or near Webbers Falls, Indian Territory. W 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 crm 8ts11.Ly¤eu Campbell-Lynch Bridge Company, a corporation organized under the §§‘;’§;9`°“*,§‘§k>;;“_;{ laws of the State of Arkansas, its successors or assigns, to build, con- River. Indian Temstruct, and maintain a bridge and approaches thereto for the passage “"" of wagons, cars, and vehicles of all kinds, for animals, horseback and foot passengers, across the Arkansas River at or near Webbers Falls, in said Cherokee Nation, Indian Territory, upon and from the land owned, claimed, and occupied by William W. Campbell and Susan F. Lynch, members and citizens of the Cherokee tribe of Indians, and the owners, claimants, and occupants of the land on both sides of the Arkansas River at the point where said bridge is to be built. Sec. 2. That said bridge shall be built with such length of spans and fM·i¤¢¤¤;¤¤¤¤. ¤r<>-. at such elevation as the Secretary of War may require, and the said ° °""“‘° ‘ company shall, at its own expense, build and maintain such dikes, wing dams, booms, and other work as may, in the opinion of the Secretary of War, be necessary to maintain the channel of the river within the draw or main span of the bridge: Provided, That if said bridge be built mxé as a drawbridge it shall be opened promptly upon reasonable signal for g°' the passage of boats and other water craft ; and whatever kind of bridge I·iz1¤¤· is constructed the company shall maintain thereon, at its own expense, such lights and other signals as the Light-House Board may prescribe: Provided also, That said bridge shall be recognized and known as a *’°•* '°“*°- post route, upon which no higher charge shall be made for the trans- V mission over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroads or highways leading to said bridge, and the United States shall have the right of way for a postal telegraph across said bridge: And provided further, That the company availing itself of the privilege S¤¤r¤*¤¤K¤f WM to of this Act shall submit to the Secretary of War for his approval draw- °”"°"° P "°‘ ings showing the plan and location of the said bridge, and until he has approved the said plan and location the bridge shall not be commenced or built; and no change in the said plans, either before or after com- —°’”“‘g°’· pletion, shall be made without the consent of the Secretary of War, but - any change whatever in said bridge that he may order in the interests of navigation, either during construction or after construction, shall be made by the owners thereof at their own cost and expense. Sec. 3. That said Campbell-Lynch Bridge Company, its successors miie}: of vw fer and assigns, is hereby authorized to take and use for all purposes of a K y' highway or approaches to said bridge a right of way not exceeding one hundred feet in width on each side of the Arkansas River over the lands owned, occupied, and claimed by individuals under the laws and usages of the Cherokee Indians, or under the laws of the United States, and may contract for and obtain the same from such Indian or Indians. by purchase: Provided, That no part of the lands herein authorized to _{m;g;m be taken be leased or sold by the said Campbell-Lynch Bridge Com- ` pany, and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said highway; and when any portion thereof shall cease ·’°"°"°*°”· to be used such portion shall revert to the individual Indian or Indians from which the same shall have been taken. Sec. 4. That before said highway shall be constructed through any ,mf(g¤g£;:;¤”°¤ *°* lands held by individual occupants according to the laws, customs, and ` usages of the Cherokee Nation, fullcompensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such highway. In case of failure to make amicable R°‘°“’°'· settlements with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed, ·°PP°*¤*·’¤°'**~ one, who shall act as chairman, by the President of the United States, one by the chief of the nation to which said occupant belongs, and one by the said Campbell—Lynch Bridge Company, who, before entering