Page:United States Statutes at Large Volume 23.djvu/473

 FORTY-EIGHTH CONGRESS. Sess. II. Ch. 358. 1885. 445 CHAP. 358.-An act to gve the assent of Con ss to the construction of a railroad March 3, 1885. bridge by the East and Middle Tennessee Radilzgad Company over the Cumberland i····—·—··— and Caney Fork Rivers. Be it enacted by the Senate and House of Representatives of the United _ States of America in Congress assembled, That the East and Middle Ten- T Elm md M"l}“° nessee Railroad Company be, and is hereby, authorized to construct and ,.,:°,:{'°@;°,:,,£:.' I 8 maintain a bridge, and approaches thereto, over the Cumberland River construct i,,·i.1g,, at the most accessible point in or near the corporate limits of Carthage, over the Cumber- County of Smith, and State of Tennessee. Said bridge shall be con- land R“€’· gl °' strncted to provide for the passage of railroad trains and wagons and i}:,,:;" Mt °g°’ travelers across said river. ` Sec. 2. That any bridge built under this act and subject to its limita- Pm-mute, anu tions shall be a lawful structure and >hall be recognized and known as 1“"`f“1“*'“°“'*'°· a post route; and it shall enjoy the rights and privileges of other post roads in the United States: Provided, That the United States may con- Proviao u s t o struct a postal telegraph over said bridge without charge therefor. 9******* *°l°€¤*Ph· Sec. 3. That if said bridge shall be made with unbroken and con- Continu o ns tinuous spans, the spans thereof shall not be less than one hundred and ¤P¤¤¤- sixty-four feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least thirty-four feet above extreme highwater mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: Procidcd, That if the same shall be constructed as a draw·bridge, the !'*¢¤*°· _ draw or pivot shall be over the main channel at an accessible point, and D“""b“dg°· the spans shall not be less than one hundred and sixty feet in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Provided also, That the said draw shall be opened promptly  _ by said corporation, upon reasonable signal for the passage of boats; u {2gb" ‘""l “‘€' and said corporation shall maintain, at its own expense, from sunset ° ' till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe, and shall also place and maintain such _Aids to navigasheer booms and other guides necessary for the safe passage of ves- “°¤· sels and other water-craft as may be iequiied by the  of War. No bridge shall be erected or maintained under the authority of this Free navigation act whi n shall at any time substantially or materially obstruct the free *° **6 P¤‘°¤°"°d· navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will em-ctnally obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of said corporation; and in case of any litigation arising from any obstruction or alleged obstruction to the fren navigation of said river caused or alleged to be caused by said bridge, the case may be brought in the circuit com-: of the United States of the middle district of Tennessee in which any portion of said obstruction or bridge may be located, or in the circuit court of the State of Tennessee for that circuit: ‘ Provided further, That nothing in this act shall be so construed as to pm,;.., repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to rxempt) this bridge _ from the operations of the same: And provided further, at the right ,Q°{’°{‘::6m uma is reserved to regulate tolls and freights over said bridge. t,",?,,,,,_,,.,,€,.,,,d_ Sec. 4. That any bridge authorized to be constructed under this act shall he built and located under and subject to such regulations tor the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said corporation shall submit to the Secretary ot Wan-, for his examination and approval, adesign I;1°{’t$£°£;‘g°*;° and drawings of the bridge, and a map of the location, giving, for the ::,3, of wu, ,-,,,2 space ot one miie above and one mile belowjhe proposed annum; the approval.