Page:United States Statutes at Large Volume 26.djvu/368

 314 FIFTY-FIRST CONGRESS. Sess. I. Ch. 736. 1890. tain a bridge over the Tennessee River at or near Guntersville or at or near Deposit, Alabama.1 Said bridge sliiall ple constructpduto pro- B¤i1w¤y.W¤z¤¤» 0* vide for the assa e of rai wa rains, an a e op ion o e per- . i°°° md'"` sons by whom it may be built?may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for Tw, foot passengers, for such reasonable rates of toll as may be approved ` from time to time by the Secretary of Wa1·._ _ _ · · Sec. 2. Thgt isnby  lbiplt pnder tllzushagt land subgectgo ng Lnvful ¤=r¤<=¤¤·¤ limitations s a a a u s ruc ure,`an s a e recognize an °"“’°°"°"*'°‘ known as a post-route, upon which also no higher char? shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or passengers or _ freight passing over said bridge, than the rate per mile paid for the trans ortation over the railroad or public h1g ways_leading to the said bridge; and it shall enjoy the rights and privileges of other Om post-roads in the United States. And equal privileges in the use of ,,E§’s_"" °' °°“‘ said bridge shall be granted to_all companies upon such terms as ma be agreed upon by the parties, and if they can not agree, then as 510 same shall be determined by the Secretary of War; and the . United States shall have the right of way across said bridge and its rosaimegnpn. approaches for posta·l;•ilegrapl1 purposesilpnd agi telegirap and telms way.; e one companies ave e ua rig s an privi egcs in con- °*"*·  stiucting an maintaining their hnes across said bridge. _ · naw. Sec. 3. That the said bridgeshall be constructed as a draw—br1dgp; · the draw pr piyot-pier sgiah be at such ppint  lthe channel of the riveraste rota o arma,an eo mng or Protection er ps. sage-way of said drlayw-pier shall ble so protected aneiudrranged gist n¤¤¤p•¤. draw-sbpam ghall rlmt   of hogsth; noighall the lovzelst  Bptf the same o esse va ona ve ~wa r,thanare em an highest of lthose autlhplrized byh?;>nglr%ssdfor lapy logidglealcivpr   _ Phnom ennessee iver,an e ierso said riges pa ewi p,,,,,,,, and the bridge itself at rigqit angles to the current of the river: Prom . mm { vided, That in said bridge there shall be one spin of not less than Mmmm ° three hignédred fee}: in the clear: Pgpmded, agwo, th at said draiyvbsdgall 0vc¤i¤z<>f<1r¤w· `be o n rom t u n reasona e signal or epassing o s; and Islcaid cd)mpa1l)y hr ddiporation shall maintain, at its own_e?ense, rgm, ew. from suiisletltilllc-Isunrisg sughspg-hts or othlej s1§alsbondsa1dh iidgg as thet- ouse oar a rescri. o ri e s a erected or iiaintained under the autliority of this act which shall at Unnhsmcm nw- any time substantially or materially obstruct the free navigation of the opinion of the Slacretary of War, obstruct such navigation, he summnennga, is hereby authorized to cause such change or alteration of said °"°· bridge to be made as will eifectually obviate such obstruction; and all such alterations shall be made and all such obstructions be re- . moved at the expense of the owner or owners of said bridge; and in Lupmu. case of any litigation arising from any_ obstruction or a leged obstruction to the free navigation of said river, caused or alleged to be caused b said bridge, the cause may be brought in the circuit court of the Uliited States of the State of Alabama in whosegdgurisdiction _ any lportion of said obstruction or bridgpe may be locat : Pro/vided fwrt er, That nothing in this act shall so construed as to repeal um! ""* or modify any of the provisions of law now existing in reference to the prptection of thefnglvigation of rivers, or to exempt this bridge · from e o ration o the same. Use bY <>¢¤¤r mil- Sec. 4. Kat all railroad companies desirin the use of said bridge r°°°°°'"°°°°°°' shall have and be entitled to equal rights and(privilegps relative to the passage of railway trains over the same, an overt e approaches T¤¤¤¤- thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them desiring such use shall fail to
 * ¢°"*7·water craft can ·be worked thiovulgh it a any and all times; and the
 * ‘°*°"‘ said river; and if an bridge erected under such authority shall, in