Page:United States Statutes at Large Volume 27.djvu/463

 FIFTY-SECOND CONGRESS. Sess. II. Ch. 75. 1893. 437 CHAP. 75.-Au act to authorize the construction of a bridge across the Warrior Febuary 9_1893_ River by the Montgomery, Tuscaloosa and Memphis Railway Company. ———; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Montgomery, Tusca- c8§gg§;€;¤f,¢Y;· Tgé- loosa and Memphis Railway Company, a corporation created and Railway noouiusgul; existing under the laws of Alabama, its successors and assigns be and Q§g,r*’f,jj‘g° W”**°’ is hereby authorized to construct and maintain a bridge across the ' Warrior River at a place suitable to commerce and not interfering with navigation, at a point in Tuscaloosa County, in the State of Alabama, and to lay on or over said bridge a track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river, on either or both sides thereof at or opposite said point, under the limitations and conditions hereinafter provided. That said bridge shall not interfere with the free navigation of said river, and in case of any litigation arising from any obstruction or Lmgmou. alleged obstruction to the free navigation of said river, by reason of the construction of said bridge the cause may be tried before the circuit court of the United States in and for any district in whose jurisdiction any portion of said obstruction or bridge may be. Said bridge m11mm mugs. shall be constructed to provide for the passage of railroad trains. • Sec. 2. That said bridge shall be provided with one or more draw Dr¤w¤- openings, each having not less than one hundred feet clear channel way at low water, anu in addition to said draw openings one or more fixed channel spans, each having not less than one hundred feet clear channel way; and every part of the superstructure of said bridge shall give a clear headroom of not less than ten feet above extreme known high water mark: Provided, That all spans shall be so located as to Provicos. afford the greatest possible accommodation to the river traffic, and a Spams. draw opening shall, if practicable, be located next or near shore: Provided also, That if the physical characteristics of the locality sorequire, and the interest of navigation be not injured thereby, the lengths of I-°¤¤**· °f ¤P¤¤¤· the fixed spans or the number of draw openings may be reduced: Provided also, That for any two adjacent draw openings of one hundred Draw openings. feet each one draw opening of two hundred feet or more may be substituted if in the opinion of the Secretary of War the interest of navigation be not injured thereby. Sec. 3. That all draw spans authorized by this act shall be operated opmtg am'. by steam or other reliable power, and shall be opened promptly upon reasonable signal for the passage of boats, except when trains are passing over said span or spans; but in no case shall unnecessary delay occur in opening said draw after the passage of trains; and also that in case the opening of a draw is delayed by reason of the passing of a train after the signal has been given from a boat ready to pass through, the draw shall be opened for the passage of such boat before another train is allowed to pass over the said span or spans; nor shall there be any unnecessary delay in the passage of trains over the bridge. Sec. 4. That all piers shall be built as near as may be parallel with rim. the current of the river at that stage of water which is most important for navigation, and the bridge itself shall be built as nearly as may be at right angles thereto; and that riprapping or other protection for imperfect foundations which will lessen the required water way shall not be permitted; and also that piers which will produce cross currents or bars dangerous to navigation shall not be constructed; and if after construction any piers or accessory works are found to produce the above mentioned effects, or if any riprapping or other protection prohibited by this section is found to exist, the nuisance shall be abated or corrected under the direction of the Secretary of War, at the expeplse of the company or persons owning, controlling, or operating said r1 ge. Sno 5. That the approaches to said bridge shall be so designed and Approaches constructed as not to interfere with the free discharge of said river in seasons of flood; and any encroachment on the high·water cross section