Page:United States Statutes at Large Volume 25.djvu/288

 242 FIFTIETH CONGRESS. Sess. I. Cns. 591, 592. 1888. 1’~·**¢•*· Provided, That the commissions of the class of eighteen hundred and g°dr°fd•§f?i¤m` eighty-one be dated from July first, eighteen hundred and eighty— three, and their names be laced on the Navy Register immediate y after the name of Williamll). Weaver, and that they take precedence in their grade and corps according to their proficiency as shown by their order of merit at the date of graduation; and that the commiscmsxum sions of the class of eighteen hundred and eighty-two be dated from July first, eighteen hundred and eightly-four, and their names be laced on the Na Repster immediate y after the name of Charles B. Rommell, andvidiat they take precedence in their grade and corps according to their proficiency as shown by their order of merit at the date of graduation: Provided, That any of such cadet engineers Physical ¤¤¤i¤•- who failed to pass the hysical examinatwn at the_Naval Academy °°“‘ made at the time of tlihir graduation shall be subjected to further exalminations before receiving their appointments, as above author- 1ze . Approved, July 9, 1888. July 9. 1885 CHAP. 592.-An act to authorize the construction of a bridge over the Cumber- """";""' land River, between Burnside, Kentucky, and Carthage, in Tennessee, or the South fork of  river, between Burnside and Tateville, Kentucky. Be it enacted by the Senate and House of Representatives of the girincinueté gd Biz United States of America in Congress assemble, That the Cincindehgéli; mildiihze nati and Birmingham Railroad Company, a corporation existixgg gym {,'*ug}s§;_°'k’;°· under the laws of the State of Tennessee, be, and is hereby, authoriz me cmmge, ·re¤¤ZI to construct, operate, and maintain a bridge over the Cumberland °" T°*·°’m°* K" River, between Burnside, Kentucky, and Carthage, Tennessee, or the south fork of said river, between Burnside and Tateville, in Kentucky. Said bridge shall be constructed to provide for the passage of ra1l· way trains, and, at the option of the persons by whom lt may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of anima, an for foot-passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of www War; and in case of any litigation concerning any alle ed obstruction to the free navigation of said river on account of said bridge, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of said obstruction or bridge is located. uwnunmuuemn Sec. 2. That any bridge constructed under this act and accordin and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the mumtions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways eading to said bridge; and the United States shall lllwe the right of mw megmpn. wg, for postal-telegraph and tele hone urposes across said bridge. wmwzgkrw mc. 3. That said bridge shall le made under such specifications ""°"’ ‘ and plans as to the spans, draw-bridge, and so forth, as may be approved py] the Secretary of War. mptbppcompnnies mc. 4. at all railroad companies desiring the use of said bridge ’ shall have and be entitled to equal rights and rivilegles relative to the passage of railway trains over the same, and) over eapproaches thereto, upon payment of a reasonable com nsation for such use; and in case the owner or owners of said bridlgh and the several railroad companies or any of them_desiriug such use, shall fail to agree umn the sum or sums to be paid, and u n rules and conditions to w `ch each shall conform in using saidkkiridge, all matters at issue W¤*°¤ between them shall be decided by the Secretary of War upon a. hearing of the allegations and proofs of the parties. ',§";_'*° Sm. 5. '1'hat_any bridge authorized to be constructed under this _ · act shall be built and located under and subject to such regulations
 * ’°""'°“'°· to its limitations s all be a lawful structure, and shall be recognized